CONCERNING THE DEFINITION OF THE CONCEPT OF THE PRINCIPLE OF EQUALITY OF ALL PARTICIPANTS IN THE ADMINISTRATIVE PROCESS BEFORE THE LAW AND THE COURTS IN UKRAINE

Abstract

The article analyzes approaches to understanding the concept, content and essence of the principle of equality of all participants in the administrative process before the law and the court. Were researched the primary definitions of the concept of the principle, the researched principle was considered through the prism of the principles of justice and the general constitutional principles of equality. This article determines that the principle of equality of all participants in the administrative process before the law and the court has many aspects, most of which are not fixed and not fully disclosed in Article 8 of the Code of Administrative Procedure of Ukraine. It stems from the constitutional principle of equality of human rights and freedoms and equality of citizens before the law, general principles of justice (including the general principle of equality of all participants in the legal process before the law and the court) and is imposed on the specifics of administrative-procedural relations. The article provides an interpretation of the content of the principle of equality of parties to the legal process, which was carried out in the Decision of the Constitutional Court of Ukraine dated 12.04.2012 in case No. 9-рп/2012 (on the constitutional appeal of the village of Troyan A. P. regarding the official interpretation of the provisions of Article 24 of the Constitution of Ukraine). The positions of a number of scientists who expand the limitation of the content of the principle of all participants in the administrative process before the law and the court, which are specified in Part 2 Art. 8 Сode of administrative proceedings of Ukraine. The article proposes a definition of the concept of the principle of equality of all participants in the administrative process before the law and the court in a broad and narrow sense, taking into account doctrinal provisions regarding the essence and content of this principle and the general specific properties of administrative proceedings, a certain «procedural inequality» of participants in the administrative process in their statuses and tort capacity.