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OlehHLUKHANCHUK,

Chairman, the Odessa District Administrative Court, Candidate of Law Sciences, Honored Lawyer of Ukraine

THE NOVELTY OF THE APPEAL PROCESS BUILD UPON THE CODE OF ADMINISTRATIVE PROCEDURE OF UKRAINE

The article deals with the current problem of administrative legal proceedings, namely the provision of the right to appeal to the decisions of the court under the new wording of the Code of Administrative Justice of Ukraine. The theoretical and practical principles of realization of the right to appeal to the decisions of the court are considered, its structure are characterized and the stages of its realization are outlined. The article compares the procedure for lodging appeals complaints under the previous and up to date versions of the Code of Administrative Justice of Ukraine, provides an assessment of the main stages of the implementation of the right to appeal, their positive and negative points, according to the author’s beliefs. The novelty of the appeal process build upon the Code of Administrative Procedure of Ukraine. The author of the article gives aclear description of another innovation of administrative proceedings - The Single Judicial Information and Telecommunication Systemathat in accordance with the law, ensures the exchange of documents (sending an receiving) in electronic forms between courts, court, participants in the trial, as well as recording the trial and involvement of the trialsʼ participants in a court session in a videoconference mode. To the innovations of appellate proceedings, the author attributes the possibility of the courtʼs revocation of the appellate instance of an earlier judgement. Such authorities are implemented under certain conditions: presentation of an appeal after its consideration by a person who was absent during the court listening; the arguments in the appeal were not considered during the court session based on the complaint from another person; the result of these arguments is given by circumstances that allowed the cancellation of the previously adopted decision of the court appeal. The results of the survey of visitors to the Odessa District Administrative Court concerning the awareness of innovations in administrative legal proceedings in Ukraine are analyzed.

Key words: administrative legal proceedings, the right to appeal, the Code of Administrative Justice of Ukraine, appeal, appeal claim.

References

Constitution of Ukraine of June 28, 1996 No. 254k / 96-VR, ed. from 09/30/2016. URL: http://zakon0.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. [ukr.]

On Amendments to the Economic Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Judiciary of Ukraine and other legislative acts: Law of Ukraine No. 2147-VIII of 03.10.2017, entry into force 15.12.2017. URL: http://zakon3.rada.gov.ua/laws/show/2147-19. [ukr.]

Code of Administrative Judiciary of Ukraine from 06.07.2005 № 2747-IV, ed. from 06/14/2018. URL: http://zakon5.rada.gov.ua/laws/show/2747-15. [ukr.]

Krivtsun I. S. The object, subject and subjects of appeal in the administrative proceedings of Ukraine. University research notes. 2008. No. 2 (26). P. 173–176. [ukr.]