УДК 342.9

ORCID: 0000-0002-5351-9653

ORCID:  0009-0002-7581-7026 

DOI 10.37566/2707-6849-2024-2(47)-12

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Yuri TSVIRKUN,

professor of the Department of Public and International Law of Vadym Hetman Kyiv National University of Economics, retired judge of the Higher Administrative Court of Ukraine, Doctor of Law  

Denis LAUKHIN,

Postgraduate Kyiv National University of Economics

named after Vadym Hetman

REGARDING THE ISSUE OF CONSIDERATION OF ADMINISTRATIVE CASES WHOSE TERRITORIAL JURISDICTION (JURISDICTION) HAS BEEN CHANGED

The article analyzes and compares the legal norms establishing territorial jurisdiction (jurisdiction) in administrative proceedings. Problematic issues that arise in connection with the transfer and consideration of administrative cases whose territorial jurisdiction (jurisdiction) has been changed have been studied and outlined, including ways of solving them, and opinions on improving the situation in the relevant field of legal relations have been proposed.

The article also specifies the criteria for determining the territorial jurisdiction of administrative courts of first instance.

Attention is drawn to the fact that the change of territorial jurisdiction (jurisdiction) of administrative cases can be carried out: according to the law;  by order of the head of the court (in the cases specified in clauses 4-6 of part 1 of Article 29 of the Civil Procedure Code of Ukraine), and in a separate case by the head of the court staff, his deputy or the temporary acting head of the court staff;  by decision of the High Council of Justice;  by order of the Chairman of the Supreme Court.

    It was established that the change of territorial jurisdiction (jurisdiction) of court cases is a forced step taken by the legislator, other bodies or officials to adjust the balance in the domestic judicial system for its effective functioning. However, the very change of this type of jurisdiction of one or another category of cases already leads to an imbalance, delay in the consideration of the case and, as a rule, to the violation of the rights of the participants in the process.

The situation caused by the liquidation of the District Administrative Court of the city of Kyiv is covered, as well as the consequences caused by legislative innovations regarding the change of territorial jurisdiction (jurisdiction) of cases, the consideration of which belonged to the competence of this court. On the basis of the analysis, it was concluded that given the problems faced by the system of administrative courts, namely the excessive workload on existing judges and obstacles in a person's access to justice, the most optimal solution is the urgent creation of a new administrative court, the jurisdiction of which extends to the city of Kyiv.

Among the problems associated with the transfer and consideration of administrative cases, the territorial jurisdiction (jurisdiction) of which has been changed, include:  excessive burden on the employees of court apparatuses regarding the registration and processing of transferred cases;  excessive burden on judges regarding consideration and resolution of transferred cases;  non-compliance with the requirements regarding the «reasonable period» of consideration and resolution of administrative cases;  violation of a person's right to access the court due to the territorial distance of the new court from the place of residence or location;  violation of a person's right to access to justice due to failure to resolve the case or late resolution of the case;  additional costs for resolving transferred cases, etc.

As a result, measures were proposed that, according to the actors, could improve the situation for the better regarding the timely review and resolution of administrative cases, the territorial jurisdiction (jurisdiction) of which has been changed.

Key words: administrative court, administrative case, territorial jurisdiction, jurisdiction, transfer of cases.

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