УДК 342.9

ORCID: 0000-0002-9637-5557

DOI 10.37566/2707-6849-2024-1(46)-9 

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Oleksandr SYTNIKOV,

Associate Professor of the Department of Financial and Tax LawState Tax University,retired judge of the Higher Administrative Court of Ukraine,teacher of the National School of Judges of Ukraine,teacher of the Higher School of Advocacylawyer, candidate of legal sciences

THE PLAINTIFF'S RIGHT TO WITHDRAW FROM THE LAWSUIT AS AN IMPLEMENTATION OF THE PRINCIPLE OF DISPOSITIVENESS IN ADMINISTRATIVE PROCEEDINGS.

The article is devoted to the study of the problems of the plaintiff's implementation of the right to withdraw from the lawsuit in the administrative proceedings of Ukraine. The right to legal protection, in addition to exercising the right to appeal to the court with a claim, should include the possibility for it to initiate the termination of the legal process. It was established that the plaintiff's right to withdraw from the lawsuit is both an implementation of the principle of dispositiveness in the administrative process and a procedural action designed to stop the started process.

The peculiarities of the implementation of the right to refuse a lawsuit of persons who apply for the protection of their rights to the court through the mechanisms of application of the principle of dispositiveness, which reveals the material aspect of the investigated right, are analyzed. Through the classification of the conditions and features of the exercise of the right to refuse a lawsuit, the features of the exercise of this right in administrative proceedings have been investigated. The plaintiff, unlike other participants in the case, has the largest amount of rights, and the freedom to dispose of them gives the opportunity to influence the development of the administrative process, using the normative provisions of the procedural law and the tools for its implementation provided by it.

The ability to freely dispose of one's rights at all stages of judicial protection with the help of procedural tools reveals the procedural and legal aspect of the right to refuse a lawsuit. Giving a person the freedom to dispose of his rights allows the plaintiff at certain stages of the process not only to change his legal position in court by changing the subject and grounds of the claim, increasing or decreasing the size of the claims, to use the right to conciliation of the parties, but also to initiate the termination of the process by withdrawing the claim statement, leaving the claim without consideration or abandoning the claim altogether.

The lack of substantive scientific works on these problems determines the importance of research on the implementation of rights and obligations by the plaintiff in administrative proceedings as an effective tool for the plaintiff to dispose of his procedural rights in order to terminate the initiated legal process.

Key words: public-legal relations, administrative dispute, plaintiff, claim, claim, administrative proceedings, principle of dispositiveness, refusal of claim.

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