Administrative court: constitutional status, task and place in the judicial system of Ukraine

Abstract

The article is devoted to the disclosure of the constitutional and legal status of the administrative court in the judicial system of Ukraine. The tasks and place of the administrative court in the judicial system of Ukraine are determined. The opinion that the main purpose of administrative courts is prevention and effective resolution of conflicts between a person and the state is substantiated. It is argued that the activity of administrative courts is an important guarantee of harmonious relations in society as a whole, trust in the state and its institutions, as well as the progressive development of each person as a part of society and the prevention of the appearance of internal and external threats to such a society. The author outlines the purpose of the administrative court. It has been proven that the main purpose of administrative proceedings is to protect the violated right of the relevant person, to correct a possible mistake of the subject of power, to instruct the subject of power on the impossibility of committing such a mistake in the future. The peculiarities and advantages of administrative proceedings in comparison with economic and civil proceedings are clarified. It is substantiated that the main practical difference in the resolution of public-law disputes by administrative courts is the presumption of legality of a person's claims (putting the burden of proof on the subject of power) and the presumption of proof of the subject of power according to the standard «beyond reasonable doubt». The author defines the legal nature of the interrelationship between administrative courts and the Constitutional Court of Ukraine. It was found out that such interconnection is due to their special place in the system of institutional provision of the rule of law (rule of law), since these two types of judicial proceedings are designed to ensure the consistent nature of the entire legal system in the conditions of the coexistence of conflicting norms, thanks to which the effectiveness of the rule of law (rule of law) is achieved), i.e. its effectiveness. Key words: administrative court, public legal dispute, jurisdiction, access to court, effective protection, public (public) interests, national security, principles of equality and competition, discretion.