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Alexander SHKUROPATSKI,

Senior Lecturer, Department of Military Management and Law, Faculty of Military Law, Yaroslav the Wise National University of Law, Candidate of Law

Marina ANDRIYETS

Secretary of the Kharkiv District Administrative Court

ADJOURNMENT OF CONSIDERATION OF AN ADMINISTRATIVE CASE IN THE CONTEXT OF LEGAL STATUS OF PARTICIPANTS OF LAWSUIT: SHORT STORIES OF THE CODE OF ADMINISTRATIVE LEGAL PROCEEDINGS OF UKRAINE

In this article the author analyzed amendments in the Code of administrative legal proceedings of Ukraine. Namely, the provisions of the Code concerning legal status of participants of the trial were studied. As well, the author investigated amendments of the law connected with allocation of participant’s representatives of case to the separate group.

Also the grounds for adjournment of trial were examined. The author spotted obligatory and alternative grounds for adjournment of administrative trial by the court. Powers of the court with regard to adjournment of administrative trial at the result of the corresponding changes of legal status of representatives were analyzed.

Also the author defined special aspects of adjournment of the trial in the simplified procedure and during appeal consideration of the case.

As well, the author stated that not only additional grounds for adjournment of the trial in simplified procedure but also open list of such grounds had been defined in the Code of administrative legal proceedings. In the course of analysis, correlation of the scope of rights and freedoms of participants of the case and their representatives was made. The author concluded that the grounds for adjournment of an administrative trialhad not been applicable to the representatives of participants in the case.

As well, the author analyzed ways of participation of natural and legal entities in administrative legal proceedings. Also, features of realization of self-representative office of legal entities in administrative process were investigated here. Analyzing the matter, the author made a conclusion that the representative had no powers to file the petition on adjournment. Granting such powers by the principal to the representative in the power of attorney or in the warrant couldn’t cancel restrictions, established by the Code with regard to submission of such petition by the representative.

Key words: administrative legal proceedings, representative, participant of case, adjournment, legal status, petition, self-representation.

References

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: Law of Ukraine of 03.10.2017 No. 2147-19. Information of the Verkhovna Rada. 2017. No 48. Art.436. [ukr.]

Code of Administrative Procedure of Ukraine: Law of Ukraine of July 6, 2005 No. 2747-15. Information of the Verkhovna Rada of Ukraine. 2005. No 35–36. No. 37. Article 446. [ukr.]

Kravchuk M. V. Theory of State and Law. Problems of the theory of state and law: textbook. way. 3rd ed., Changes, and additions. Ternopil: Carte Blanche, 2002. 247 p. [ukr.]