Порядок забезпечення позову в адміністративному судочинстві

Abstract

The article deals with the procedure for securing a claim in administrative proceedings. Based on the analysis of the provisions of the Code of Administrative Procedure of Ukraine and judicial practice, the main procedural problems that arise when applying the security of an administrative claim are identified and ways to solve them are proposed. The requirements to the statement on securing the claim are investigated and conclusions are made about the inexpediency of leaving the statement on securing the claim without motion. In the context of compliance with the principle of dispositivity, the right of the court to independently initiate securing a claim is considered. The proposals on the possibility of replacing the composition of the court considering the application for securing the claim are substantiated. Attention is paid to the issue of execution of court decisions on securing the claim. It is noted that the issue of the legal consequences of a person's application to secure a claim before filing a claim in violation of the rules of jurisdiction established by the Code of Administrative Procedure of Ukraine remains unregulated. At present, in such situations, the courts either refuse in essence to secure the claim or, by analogy with the law, return the application for securing the claim without consideration. It is determined that the inconsistency of the application for securing a claim filed before filing a claim with the rules of jurisdiction should be determined directly in the Code of Administrative Procedure of Ukraine as a ground for returning such an application without consideration. The issue of the procedure for consideration of the application for securing a claim established by Article 154 of the Code of Administrative Procedure of Ukraine is considered. Thus, the application for securing the claim is considered by the court in which the case is pending or to which the claim must be filed, not later than two days from the date of its receipt, without notifying the parties to the case. The issue of observance of the term of consideration of the statement on securing the claim in case of occurrence of circumstances which make impossible consideration of such statement by the judge in which carrying out there is a corresponding administrative case is separately considered: stay of the judge on leave, business trip, his temporary incapacity, etc.