THE ADMINISTRATIVE PROCESS OF UKRAINE UNDER MARTIAL LAW

УДК 342.565.4

ORCID: 0000-0001-8788-4002

DOI 10.37566/2707-6849-2023-3(44)-13

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Larisa KOVALENKO,

doctor of legal sciences, professor, associate professor of the department of administrative law and administrative activity of the National Law University named after Yaroslav the Wise

THE ADMINISTRATIVE PROCESS OF UKRAINE UNDER MARTIAL LAW

The article reveals the concept, essence, and peculiarities of the administrative process of Ukraine under martial law. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the administrative process of Ukraine under martial law were studied. The European experience of the administrative process is analyzed and ways of improving the legal regulation of the administrative process of Ukraine are proposed.

The article is devoted to the analysis of the legal foundations of the administrative process of Ukraine during martial law. The essence, features and tasks of such administrative proceedings of Ukraine are defined. The system of regulatory and legal regulation and the principles of administrative justice in Ukraine during martial law are characterized. The characterization of administrative courts as the leading subjects of administrative proceedings in Ukraine has been carried out, in particular, their concepts and types have been clarified, the essence and features of their jurisdiction, the concepts, types and features of their jurisdiction over public legal disputes have been revealed. A definition of the concept was proposed and a classification of participants in the administrative process was carried out.The essence and peculiarities of procedural representation and procedural succession in administrative proceedings are clarified. The concepts and types of provision of administrative justice of Ukraine are defined and characterized. The peculiarities of the participation of military personnel in the administrative proceedings of Ukraine have been established. Ways to improve the legislation regulating the organization and implementation of administrative justice in Ukraine are proposed.

Key words: administrative process, national courts, European law, administrative proceedings, martial law.

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