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DianaGNAP,

Judge, the Khmelnytsky District Administrative Court, coach of the National School of Judges of Ukraine

UPDATES OF THE CODE OF ADMINISTRATIVE JUSTICE OF UKRAINE ON THE OPENING OF PROCEEDINGS

The article outlines the essence of the proposed changes to the administrative procedural legislation, and in detail describes all the short stories containing the draft Code of Administrative Justice of Ukraine regarding the decision to open the proceedings.

The author describes the actions of a judge to accept a statement of claim, requirements to procedural documents, which are adopted by a judge as a consequence of the decision on the opening of proceedings. It also analyzes the peculiarities of legal relations in the adoption of a statement of claim, reveals the positive and negative aspects of the proposed changes, namely, it is noted that the general positive is the clear regulation of the procedure and terms of action for bringing an administrative claim and its adoption by a court, and in the negative, in turn, there is excessive terminological congestion of the new administrative process and increased requirements for the execution of procedural documents.

The author describes the practical experience and problems associated with the acceptance of a statement by a judge, the consequences of non-compliance with the form and content of an administrative claim. The actual vision of the judge’s actions for the adoption of a statement of claim and the opening of proceedings in the case as a special institute of administrative legal proceedings aimed at the fulfillment of the main task of administrative legal proceedings is formed: to ensure comprehensive, complete and high-quality judicial review and protection of all participants in the court process.

The article also proposes an own view on ways of eliminating gaps in legislation and proposes amendments to the Code of Administrative Justice of Ukraine aimed at improving judicial procedures.

Key words: administrative process, administrative proceeding, appeal to the court, opening of proceedings in an administrative case, judicial reform.

References

Draft Law "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts" of March 23, 2017 No. 6232. URL: http://w1.c1.rada.gov.ua/ pls / zweb2 / webproc4_1? pf3511 = 61415. [ukr.]

Code of Administrative Procedure of Ukraine of July 6, 2005: current legislation with changes and additions (official text). K .: Palivoda AV, 2014., 196 p. [ukr.]

Vilen Veremko. Procedural novelties will force Themis ministers to learn, but will increase the effectiveness of continuing defense. URL: http://zib.com.ua/ua/129072-procesualni_noveli_zmusyat_suddiv_uchitis_ale_pidvischat_efe.html. [ukr.]

Gnap D. D. The sequence of actions of the judge after receiving the statement of claim. Electronic scientific professional publication "Comparative and Analytical Law". 2014. No 5. URL: http://www.pap.in.ua/5_2014/67.pdf. [ukr.]

Y. Sivovna From difficult to even more difficult. URL: http://yur-gazeta.com/publications/practice/sudova-praktika/vid-skladnogo-do-shche-skladnishogo.html. [ukr.]