Поняття й соціально-правове значення примирення сторін в адміністративному судочинстві України

Abstract

The article is aimed at research of the concept and socio-legal significance of the reconciliation of the parties in the administrative proceedings of Ukraine. On the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., modern approaches to understanding the legal nature and essence of the concept of “reconciliation” are considered. It is proposed to consider the reconciliation of the parties in administrative proceedings as based on the principles of law and the norms of the current legislation, a voluntary and quick way of amicable (peaceful) agreement by the parties of a public-law dispute on mutually beneficial terms of reconciliation in a judicial procedure (without prejudice to the idea of people-centeredness and legality), which are approved by an administrative court. The socio-legal significance of reconciliation is highlighted, which is manifested in the fact that: 1) reconciliation of parties in administrative proceedings allows to properly use the positive potential of the dispute and to settle the public-law dispute in an amicable (peaceful) manner; 2) conciliation of the parties in administrative proceedings allows saving the time and money resources of the parties to the dispute and the court; 3) the reconciliation of the parties in administrative proceedings contributes to the pluralistic increase in the degree of democratization of administrative-legal dispute resolution and the transformation of the role of the judge. It is noted that the sooner the parties reach a consensus, the less time the court will spend on considering the case, which contributes to: a) actual savings in the amount of state expenses for resolving cases in court; b) increasing the amount of “free” time resource. It is indicated that there is a need to update the scientific opinion regarding the concept and socio-legal significance of the reconciliation of the parties in administrative proceedings in the conditions of the European integration of Ukraine. It was concluded that the introduction and spread of conciliation of the parties in administrative proceedings is a certain civilizational transformation of the understanding of justice, as well as the role of the judge in the resolution of public legal disputes, which is a reflection of the pluralistic tendency to expand the methods of resolving public legal disputes, which is observed today in the states – EU members.