ABUSE OF PROCEDURAL RIGHTS IN ADMINISTRATIVE PROCEEDINGS

Abstract

The article is devoted to the study of the content of such a legal phenomenon as the abuse of procedural rights in the implementation of administrative proceedings. Quite often, during the direct administration of justice by administrative courts, there are cases when the parties or other participants in the proceedings abuse their procedural rights. They use them to achieve their own selfish goals: deliberately delaying the administrative process; restriction of rights or the possibility of their realization by other participants in the proceedings; going to court with unfounded lawsuits, etc. This attitude is a neglect of the right of man and citizen to adequate judicial protection, enshrined in the Article 55 of the Constitution of Ukraine. The authors set out to investigate the issue of abuse of procedural rights in administrative proceedings. This will help prevent such actions in practice, ensure effective protection of the rights, freedoms and legitimate interests of individuals in the field of public relations. It is established that the current administrative procedural legislation of Ukraine does not reveal the essence of the concept. The main approaches of scientists to understanding this definition are analyzed. Based on the analyzed definitions, the authors come to the conclusion that the abuse of procedural rights in administrative proceedings should be understood as the unfair exercise by litigants of their rights to achieve personal selfish goals that are incompatible with the purpose of administrative proceedings and are not related to the content person procedural rights, and with the process and the possibility of their implementation. The most controversial issue is the qualification of actions that can be considered abuse, as Article 45 of the Code Administrative proceedings of Ukraine contains a list of only the most common types of abuse, and, therefore, the court is empowered to recognize such abuse as any action that has the appropriate direction and nature. The sanctions that the administrative court may apply in case of detection of such illegal actions are outlined. The authors propose to establish clear criteria for the classification of abuse of procedural rights, which will lead to the same case law and reduce the number of cases where the abuse will be classified incorrectly.