ПРАКТИЧНІ ПРОБЛЕМИ РОЗМЕЖУВАННЯ АДМІНІСТРАТИВНОЇ ТА ГОСПОДАРСЬКОЇ ЮРИСДИКЦІЙ НА ОСНОВІ КРИТЕРІЇВ НАЛЕЖНОСТІ ПУБЛІЧНО-ПРАВОВИХ СПОРІВ

Abstract

The article is devoted to the issue of theoretical and practical problems of inconsistency of criteria in determining the jurisdictions of administrative and commercial courts. Article 124 of the Constitution of Ukraine emphasizes that the jurisdiction of courts extends to any legal dispute. According to Article 18 of the Law of Ukraine "On the Judiciary and the Status of Judges", courts specialize in civil, criminal, commercial, administrative cases, as well as cases of administrative offenses. The adoption and entry into force of the Code of Ukraine on Administrative Procedure in 2005 became especially relevant in resolving the issue of jurisdiction of cases involving the subject of power, and hence the separation of civil, commercial, in some cases even criminal from administrative jurisdictions has become problematic in some cases. In addition, judicial reforms, which have been and continue to be an attempt to bring the judiciary into line with European standards, have amended the Constitution of Ukraine, as well as various pieces of procedural law. Today, there are problems with a single approach to determining administrative jurisdiction. Such ambiguous issues can further lead to violations of constitutional human rights, such as the right to a fair trial within a reasonable time by an independent and impartial tribunal established by law. After all, in practice there are often cases when judges refuse to initiate proceedings on the grounds that a particular dispute belongs to the jurisdiction of another court or cases where several judges are hearing homogeneous cases, which will indicate the imperfection of the law and the need for more accurate regulation of legislative norms. Despite the different approaches to the theoretical analysis of this issue and the diversity of opinions, the only thing that remains is that the problems of delimitation of jurisdictions lead to human rights violations, and therefore there is an urgent need to improve legislation. It should be noted that the issue of delimitation of cases between administrative and commercial courts in determining the rules of jurisdiction of cases repeatedly arises when appealing the decisions of the Antimonopoly Committee of Ukraine. The topic of delimitation of jurisdictions in resolving public law disputes is extremely relevant and important, because the wrong delimitation of jurisdictions can and does lead to violations. There are quite significant problems of delimitation of jurisdictions based on the criteria specified in both the the Code of Ukraine on Administrative Procedure and the Code of Civil Procedure of Ukraine, because they do not correspond to each other and do not agree with each other. Since such criteria are not decisive in distinguishing disputes, this is a practical problem not only for participants in public disputes, but also for judges. Such uncertainty leads to a violation of convention rights, including the right to judicial protection. After all, each part of the judicial system must be defined and effectively conduct proceedings within a particular court.That is why it determines the actual study of this issue.