Problems of selection of jurisdiction criteria in administrative proceedings

Abstract

Based on the current legislation of Ukraine, the article examines the theoretical and practical problems of determining the criteria of jurisdiction in administrative proceedings. The relevance of the study determined by the fact that the dynamics of procedural legislation indicates the search for the most constructive option for regulating the institution of jurisdiction. The object of the study is the set of administrative procedural legal relations arising in relation to the competent court of first instance. The subject is the regularities of the emergence and development of administrative procedural legal relations regarding the jurisdiction of a legal case. The methodological basis made up of general scientific and private scientific research methods: functional, formal-legal, legal forecasting and others. It noted that jurisdiction must depend on the constituent parts of the claim, that is, on its elements. As a result, the criteria of jurisdiction can be the method of protecting the right and the object of the dispute, the basis of the claim and the parties to the dispute. The nature of disputed material legal relations affects the establishment of jurisdiction due to the legal basis of the claim. The elements of the claim and the type of proceedings are necessary and sufficient criteria for jurisdiction in administrative proceedings. It indicated that there is a need for a direct relationship between subject jurisdiction and the procedural form of case consideration. Different substantive jurisdiction of cases should imply a different order of consideration, since an error in determining jurisdiction actually leads to an error of the entire procedural form. Only such dependence can explain the necessity of subject jurisdiction. In administrative proceedings, it is necessary to distinguish the types of jurisdiction of the court of first instance: subject, subject, territorial. Subject jurisdiction involves determining the competent system of courts. Subject jurisdiction represents the differentiation of the powers of courts of the same system. Territorial jurisdiction as a species retains its content and division into subspecies. Further research should directed to the study of exclusive jurisdiction in administrative proceedings.