Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Administrative and Legal Status of District Administrative Courts in the Administrative Justice System

Author(s): Oleksandr Yunin, Svitlana Nikolaichuk, Oksana Brusakova, Ivan Kravchenko, Mariia Kolesnikova

The article is devoted to the study of features and structural elements of the administrative and legal status of district administrative courts in the administrative justice system in Ukraine. The historical aspects of creating a system of courts authorized to implement administrative proceedings, in particular, to establish district administrative courts, are highlighted, and the relevant legal framework is identified as a legal basis for the formation of modern administrative justice. The content of the provisions of the current legislation of administrative proceedings, which enshrine the basic principles of the legal status of district administrative courts as part of the modern system of specialized administrative courts in Ukraine, is clarified. As a result of the analysis of the provisions of the current Ukrainian legislation on administrative proceedings, the categories of administrative cases have been determined, the consideration of which by the legislator is attributed to the exclusive competence of district administrative courts. It is proposed to define the administrative and legal status of the district administrative court as a complex legal and theoretical construction, which is represented by a set of elements, including tasks and principles of activity; the place of the district administrative court in the system of administrative courts; quantitative composition of judges; legal bases of activity; competence to consider administrative cases; types of court decisions made by the district administrative court. Perspective directions of increase of efficiency of administration of justice by specialized administrative courts in the context of reforming of the administrative justice system are established.

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