Суб’єкти адміністративного судочинства: деякі питання правового статусу

Abstract

The scientific article is devoted to the study of the legal status of subjects of administrative proceedings. The article examines scientific and legal approaches to the definition of the concept of "subject of administrative proceedings", analyzes the criteria for the classification of subjects in administrative proceedings. The legal status of subjects who are participants in administrative proceedings depends directly on its legislative definition, but the mechanisms of its implementation are related to the functional features of the subjects of judicial review of administrative cases. The establishment of the system of subjects of administrative procedural law is ensured by the corresponding systemic legal regulation in the legislation. In the science of national administrative law, there are different views on the system of subjects of administrative law and administrative proceedings. It is emphasized that the participants in the administrative process according to the instructions of the CAS of Ukraine, depending on their interest, are divided into persons who conduct the judicial process (directly the administrative court), participate in the case (parties, third parties, representatives of the parties and third parties) and other participants (witness, expert, specialist, etc.). Also, the system of subjects of administrative proceedings can be divided into individual and collective subjects. The most logical, in our opinion, is the classification of all subjects of administrative procedural legal relations into three groups: courts that administer justice; persons participating in the case; persons who assist in the administration of justice. It was concluded that in each of the listed cases, the administrative-legal status of an individual subject as a participant in administrative proceedings has its own specificity, due to the functional affiliation performed by the subject during the implementation of administrative proceedings.