УДК 392.5                                                                                                                                                                                                          PDF

DOI 10.37566/2707-6849-2020-3(32)-4

Vasyl’ ILKOV

Judge of the Dnipropetrovsk District Administrative Court, Doctor of Law, Associate Professor

PROCEDURAL FEATURES OF CONSIDERATION OF SOCIAL CASES IN THE ADMINISTRATIVE COURT OF FIRST INSTANCE

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities.

The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded.

Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative.

The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant.

There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine.

It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties.

Keywords: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

References

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