ПРАВО НА ЗВЕРНЕННЯ ДО АДМІНІСТРАТИВНОГО СУДУ: ДОСВІД ПОЛЬЩІ ТА НІМЕЧЧИНИ ДЛЯ УКРАЇНИ

Abstract

The important means of protecting a person are the judicial consideration and resolution of public-law disputes as well as the administrative appeal procedure of private entities against any decisions, actions or inactions of public authorities. Administrative complaint is a claim to restore the rights and to protect the legitimate interests of citizens, violated by actions (inactions) or decisions of state bodies, local government bodies, institutions, organizations, associations of citizens, enterprises, officials. Administrative claim as a means of protecting the rights of a person in the sphere of public legal relations, is singled out. Administrative claim is a means of protecting the rights of a person in the sphere of relations with the state government, local government, the subjects of delegated powers as well as public officials. As a result of analysing the documents of the Council of Europe and the case-law of the ECHR, the recommendations for ensuring the right of appeal to the administrative court of Ukraine are formulated. Legal regulation of court appeals in Poland and Germany is researched, the proposals for the use of positive experience in Ukraine are made. The widespread use of the alternative means of resolving administrative disputes can permit a reduction in the court's workload as a result, on the one hand, of the decreasing number of cases reaching it and, on the other hand, of the fact that a detailed consideration of the complex cases makes their subsequent examination by the administrative court easier. The main advantages of the alternative means of resolving administrative disputes are, depending on the case, simpler and more flexible procedures, allowing for a speedier and less expensive resolution, resolving of disputes according to equitable principles and not just according to strict legal rules, and greater discretion; as well as cheaper settlement of disputes in optimal procedural terms. The administrative appeal is an alternative way of resolving public law disputes and protecting individual rights. An administrative appeal is mandatory under administrative law of Poland and Germany. A person can apply to the administrative court only after appealing a decision, action or inaction to a public authority. The administrative appeal is established in the law on administrative procedure. The individual may apply to the administrative court only after administrative complaint procedure against the actions (inactions), decisions of the state or local bodies to a public authority in accordance with the procedure established by the law on administrative procedure. On the basis of the research conducted, the proposals concerning the adoption of certain changes and amendments to the Code of Administrative Proceedings of Ukraine are made.