Foreign experience of applying measures of procedural influence in administrative proceedings

Abstract

The article is devoted to the study of foreign experience in the application of measures of procedural coercion in administrative proceedings.
 It is noted that the state of justice in Ukraine is one of the criteria for assessing the level of democracy and legality. World experience shows that the rule of law can exist only when a strong, authoritative and independent judiciary functions in the state.
 It is indicated that an important role in the administration of justice is played by procedural coercion, thanks to which the rules of conduct in court are followed.
 It is emphasized that in Germany, for non­appearance of a party to a forced summons to a court session, a warning may be issued about the imposition of an administrative fine.
 It is indicated that American courts often use such sanctions as: warning or public condemnation; advance warning; mandatory free representation of a person's interests; violation of the issue of disciplinary responsibility before the bodies of the bar or other self-government; prohibition of further handling of the case by a lawyer (dismissal); leaving the application without consideration; limiting access to court in the future; redistribution of court costs regardless of the outcome of the case; procedural fine; compensation for the consequences of the crime in favor of another participant in the case, etc.
 Examples of abuses of procedural rights that occur during the review of US judicial practice are given. Including:
 – an attempt to artificially deprive the competent court of jurisdiction in the case;
 – presentation of deliberately unsubstantiated claims or claims that testify to the claimant’s irresponsibility;
 – suppressing the opponent in the legal process by taking measures to delay the trial or by other means of pressure.
 It is noted that measures of procedural coercion are used by the court to stop illegal actions or inaction of the parties in the case. This is important during the resolution of public legal disputes, the party of which is a body endowed with certain powers in relations with private individuals.