DOCTRINAL ASPECTS OF OPTIMIZATION OF ADMINISTRATIVE PROCEEDINGS OF UKRAINE

Abstract

The article is dedicated to the problems of optimization of administrative court system of Ukraine in connection with the ongoing reform of the courts. The available arguments for and against reforming the acting model of administrative justice of Ukraine are discussed. It has been clarified that the system of administrative courts in force has been specially approved for the adoption of Ukrainian society. The results of the statistical analysis show how it can successfully cope with deliveries to its arrogance. Indicate that you must reinsert the court system and recapture the administrative courts with the common courts. At the same time, with healthy administrative conviction, there are a few significant problems, among them we can call access to administrative justice and delimitation of administrative court jurisdiction from commercial and common courts jurisdictions. A closer look at the problems that need to be solved will require a farther and more thorough amendments to optimize the administrative courts activity. It has been concluded that the model of administrative justice in Ukraine since 2005 in the form of a separate subsystem of administrative courts of both the first and second links fully meets European standards and ensures the implementation of the rule of law, protection of rights and legitimate interests of individuals and legal entities, judicial control over legality and decisions of public authorities and their officials. There are no good grounds for its change (merger with courts of civil and criminal jurisdiction). Such reform will do more harm than good, negatively affect the quality of justice, the professional level of the judiciary. Prospects for further reform of administrative proceedings in Ukraine are in the area of introduction of modern mediation procedures, electronic proceedings, improvement of control over the legality of court decisions by higher courts (especially the Supreme Court of Ukraine), optimization of the burden on judges by establishing rational norms of their activity, depending on the number of cases received by the courts, the development and implementation of more effective mechanisms for the selection, training, retraining and accountability of judges.