Peculiarities of implementation of principles of administrative judiciary in disputes on the provision of administrative services

Abstract

The article is devoted to the research of the problem of accurate definition and consolidation in the Code of Administrative Justice of Ukraine of the system and the content of certain principles of this type of justice, in particular competitiveness, dispositiveness, official clarification of the circumstances of the case, the rule of law and others. At the same time, special attention is paid to the peculiarities of implementation of the above principles in the consideration of court cases related to the provision of administrative services by the authorities. The essence of these features lies in certain restrictions on the principles of competitiveness and dispositiveness in order to balance the powers of the parties to the trial, which requires additional procedural guarantees and assistance to the plaintiff in the collection and extraction of evidence. In doing so, the court must preserve the impartiality and objectivity of the trial. In addition, the author emphasizes on the diversity of definitions of the content of the concept of the principle of administrative justice by scientists, and substantiates his definition of the concept of the principle of administrative justice and his vision of the list and content of the principles of administrative justice in the current Code of Administrative Justice of Ukraine. In particular, it is proposed to supplement the list of administrative justice principles with the principles of the greatest facilitation of access to court; the inevitability of the responsibility of the authorities for their misconduct, inaction or decision; non-interference of the court with the discretionary powers of the public authorities. The paper concludes that the rule of law must be stated in Art. 8 of the Constitution of Ukraine and the procedural codes, including Art. 6 of the Code of Administrative Judiciary of Ukraine, in the formulation of paragraph 41 of the report of the Venice Commission of April 4, 2014 №512 / 2009.