Суб’єктний склад процедури примирення сторін в адміністративному судочинстві україни та держав-членів ЄС

Abstract

he article discloses the subject composition of the procedure of conciliation of the parties in the administrative proceedings of Ukraine and EU member states. It is noted that the main subjects of the procedure of conciliation of the parties in administrative proceedings are the parties to the dispute themselves, who wished to reconcile, and the legislation should influence these subjects only with the aim of facilitating their achievement of peace. It is indicated that today the judge appears in the conciliation procedure as: 1) "relatively active conciliator"; 2) the subject of judicial control over compliance with legality in the reconciliation procedure; 3) the legalizer of the terms of reconciliation. In practical reality, this role of the judge is manifested in the fact that the terms of reconciliation of the parties to a public-law dispute, which they set out in the application for reconciliation, acquire legal significance for them (create real legal obligations for the parties, which they must comply with) only after , as the judge approves them. It was established that in Ukraine there is a simple model of the subject composition of the parties' reconciliation in administrative proceedings, which is characterized by certain elements of a relatively complicated model of the corresponding subject composition (the judge encourages the parties to try to reconcile, however, does not provide them with certain options for reconciliation, which they should be considered). It is noted that, unlike in Ukraine, a judge in the French Republic can not only suggest that the parties to the dispute resort to the conciliation procedure, but also oblige them to try to reconcile when he sees this as a real possibility. It was concluded that in some EU member states (for example, in the Kingdom of Spain), in which public-law disputes can be resolved through judicial conciliation (conciliation in administrative proceedings), a judge can act as a "relatively active conciliator", who, having convinced himself of the possibility to reconcile the parties to the dispute, can form for them an option (options) of reconciliation that can be accepted (modified, rejected). In addition, in some EU member states (French Republic and Kingdom of Spain), the activity of conciliators, who are certified lawyers (as a rule, lawyers), is provided for.