Administrative Procedure Legislation Research Articles

Legitimacy of Subjects of the Right to Judicial Protection in the Law Enforcement Practice of Land and Property Disputes Resolution: Formulation of the Problem

The article is devoted to the study of the problems of the ownership of the plaintiff and the defendant as parties to a land-property dispute in the current law enforcement practice of courts of general jurisdiction. The author emphasizes that the primary task of the judicial branch of government and a specific court as its representative is to correctly determine the subject composition of the case, the subject of which is the resolution of a land and property dispute. Achieving the specified task has two main consequences: obtaining legal protection of the violated, unrecognized or disputed right by the proper “offended” person and placing responsibility for the committed encroachment on property rights on the actual violator. The article analyzes the procedural institution of replacement of an improper defendant as a mechanism designed to ensure the implementation of the principle of ownership of the parties to the dispute in the civil process. In particular, the author drew attention to the fact that in the judicial practice of courts of all instances, the terms “proper plaintiff” and “improper plaintiff” are used, the definition of which is not contained in the current civil procedural legislation. In addition, the article analyzes the judicial law enforcement practice formed in the part of replacing an improper party in cases for the resolution of land and property disputes and formulates relevant conclusions regarding the ambiguity of the positions of courts of general and administrative jurisdiction in this matter. The author conducted a comparative analysis of the legal regulation of the institution of replacement of the proper party in a dispute under civil and administrative procedural legislation. Based on the results of the research, the author outlined the scientific and practical aspects of the investigated issues in this field of civil procedural law. In particular, the author comes to the conclusion about the inconsistency of the legislator’s vector regarding the development of an effective procedural mechanism for the protection of the rights of subjects of land legal relations, which in turn creates prerequisites for possible abuse of the court’s procedural powers.

Migration Policy of the Russian Federation: Concept, Formation and Development under the Influence of Administrative and Administrative Procedural Legislation

The article discusses the features of the migration policy of the Russian Federation. It has been established that migration policy in the administrative aspect represents an integral system of political, legal, social, economic and ideological measures to regulate migration processes, which are regulated by the norms of administrative and administrative procedural legislation. Attention is paid to the problems of the mechanism for regulating migration processes in the realities of the modern Russian Federation. The need to implement state migration and legal policy has been established, taking into account modern trends characteristic of the main directions of Russia’s activities in the migration sphere. Emphasis is placed on the need to develop the Migration Code of the Russian Federation, systematize migration legislation and its codification.

Directions for improving the administrative procedural legislation of Ukraine regarding the recognition of electronic evidence

Directions for improving the administrative procedural legislation of Ukraine regarding the recognition of electronic evidence

Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement

The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine "On Administrative Procedure", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as "tools of public administration". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law "On Administrative Procedure". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions "plan", but when it comes to the second type, then use the term "act" - plan act, planning act.

Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)

The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".

Административное законодательство в свете современного реформирования

The article focuses on administrative legislation as an important part of the legal system and its reform. It is noted that in the modern world, ensuring the protection of information about citizens when using electronic services and systems is the most important aspect of the reform. The author draws attention to the incompleteness of some of the reforms carried out in Russia, in particular, lawmaking in the field of administrative and administrative procedural legislation, raises the question of the need to finalize the draft Code of the Russian Federation on Administrative Offenses as an important tool of state control over compliance with laws and order in Russia. The amendments are proposed, which should be taken into account by the legislator in order to improve the effectiveness of the new regulatory legal act, its adaptation to changing conditions of public life. The factors complicating the implementation of administrative reform are highlighted. The importance of a broad public discussion and the need to consolidate the efforts of various representatives of the scientific community to find optimal ways of reform are emphasized.

On Some Issues of Codification of Administrative Procedural Legislation

The article is devoted to the problem of systematization of administrative procedural legislation regulating the procedure for consideration and resolution by the courts of cases of administrative offenses, which is currently one of the priority areas in science and at the legislative level. Proceeding from the integrative approach to the administrative process, understanding the essence of codification, its principles, as a possible solution to the problem, the author proposes to gradually structure the legal regulation of the legal relations under consideration in a single codified act.

Foreign experience, and domestic practice of legal regulation of special principles of administrative procedure

The article is devoted to the analysis of special principles of administrative procedure. The author has studied the administrative procedure legislation of Germany, Kyrgyzstan, Azerbaijan, Croatia, Switzerland, Lithuania, and Austria. The authors compare the legislative provisions on special principles of administrative procedure of these countries with the legislation of Ukraine with the Law of Ukraine «On Administrative Procedure» which is coming into force.
 It is noted that administrative procedure is not homogeneous and standard, but rather has many features and variations depending on: (a) a specific area of public administration, (b) goals, objectives, and functions of executive authorities, and (c) national traditions and international standards. Therefore, it is necessary to conduct a comparative legal analysis of the special principles of administrative procedure that determine the specifics of their legal regulation in different national legal systems.
 The authors identify a system of four «layers» of principles applicable to administrative procedure. Among them, the author distinguishes the following: (1) general legal principles; (2) principles of administrative law; (3) principles of administrative process as a procedure for exercising power by public administration bodies in the appropriate procedural form based on the world and European principles of good governance and administration; (4) principles of administrative procedure.
 The main attention is paid to the special principles of administrative procedure which relate to the administrative procedure itself. Among them, it is proposed to distinguish two groups: (a) organisational and (b) functional axiological. The author substantiates that the organisational principles include the principle of economy, investigative principle, the principle of the State language, impartiality, publicity, and coordination. As functional axiological principles, the author identifies the following: the principle of prohibition of abuse of law and prohibition of over­formalism, the principle of uniform application of law, presumption of reliability, the principle of interpretation of law in favour of interested non-governmental persons, and the principle of meaningful absorption. Each of the principles is given a significance and its place in the legislation of Ukraine and other countries.
 The authors concludes that further syste­matisation and consolidation of these principles, in turn, is an additional argument in favour of the Law of Ukraine «On Administrative Procedure» which is currently coming into force and its possible further modifications.

Legal grounds for implementing the institution of recourse to the mediation procedure and the use of other alternative methods of resolving tax and customs disputes

In the research it is emphasized that, in some states of the European Union EU, tax mediation is already used and considered not only as an alternative method of dispute resolution, but also as a method used to prevent the occurrence of a tax dispute in the future. Thus, on the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., the article examined modern approaches to the characterization of mediation as a procedure for peaceful settlement of disputes, paying attention to its characteristic features and differences from other forms of alternative dispute resolution. The state of legal regulation of the mediation procedure in public disputes in general, and in tax disputes in particular, using the example of Latvia and Ukraine, is highlighted. It is concluded that the necessary condition for carrying out mediation in public disputes should be enshrined in the administrative procedural legislation, not only the powers of state and municipal authorities to initiate mediation should be, in addition, to recognize such a decision in the form of an administrative contract, from which legal consequences with the character of public law are derived.

Development of legislation on general administrative procedure in Ukraine

The article deals with determining the place of the Law of Ukraine «On Administrative Procedure» (LAP) in the system of Ukrainian legislation and its impact on the systematization of administrative procedure legislation in general. The author analyzes the general features of such a type and form of systematization as codification and compares it with the adoption of the LAP and its impact on current and future legislation. On the one hand, the author emphasizes such common features and positive impact of the LAP as improvement of the structure of legal acts, improvement of their logic and terminology. After all, the LAP introduces uniform principles of administrative procedure, general rules for consideration and resolution of cases based on applications of individuals and on the initiative of an administrative body, requirements for the execution of administrative acts, administrative appeal, enforcement of administrative acts, and early termination of administrative acts. On the other hand, the LAP mainly fills in the gaps using the best practices, doctrine and experience of countries of Western legal and political culture, especially Europe. In the short term, the LAP may not change the number of legislative acts, and is likely to have a rather limited impact on reducing the volume of procedural parts in special legislative acts. At the first stage, the amount of procedural regulation may even increase. This is due to the fact that in order to eliminate conflicts and gaps, it may be necessary to introduce additional «linking» provisions with the LAP, and sometimes even temporary duplicate provisions, etc. In the medium and long term, we can predict that the LAP will play the role of the main procedural regulator in public administration. The LAP should act as a general law for all sectors of public administration. And here, indeed, the LAP should serve as a measure for reviewing, streamlining and reducing special regulation. In the future, special legislative acts and other regulations will continue to be in effect, and, if necessary, preserve or establish specifics of regulation. However, it will be possible to reduce the scope of special procedural regulation more and more radically and systematically. The LAP will be especially valuable in the future, as special legislation will have less and less need to regulate the procedure. In this case, the regulatory value of the LAP itself will be maximized, as it will be easier for both public administration and private individuals to interact on the basis of common principles and rules. The LAP is extremely valuable for its principles, which are not only the basis for this law, but also a measure for resolving conflicts and filling gaps in all administrative procedure legislation. Particularly important are such principles as guaranteeing the right of a person to participate in administrative proceedings, formality, and reasonableness. Key words: general administrative procedure, systematization, codification, principles of administrative procedure.

NTERACTION OF INTELLECTUAL PROPERTY LAW WITH CERTAIN BRANCHES OF PUBLIC LAW

The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. Relations, in particular, relating to the provision of legal protection for claimed inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, breeding achievements (plant varieties and animal breeds) by the expert organization of the authorized body, are regulated by the norms of the administrative legislation of the Republic of Kazakhstan, based on imperatives. Moreover, persons who are denied the grant of a title of protection in the form of a patent or certificate for a particular declared object can file obligatory pre-trial objections with the Appeal Board under the Ministry of Justice of the Republic of Kazakhstan and only then can apply to the court with a claim to appeal the decision of the expert organization, which refused to recognize the declared objects as objects of intellectual property. And these relations are regulated by the norms of administrative procedural legislation. The right of intellectual property is also regulated by the norms of tax, customs legislation. Thus, the intellectual property right in content is a sub-branch of civil law, because has the same subject, the method of legal regulation, and in terms of form, intellectual property law is a complex branch of legislation, because includes both private and public law.

Standards of the right of access to court and fair trial in administrative proceedings

Purpose. The purpose of the work is to clarify the content of the standards of the right to access to court and a fair trial in administrative proceedings, as well as to analyze the role of the European Court of Human Rights in the sphere of regulation of these standards. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and proposals. Such methods of scientific knowledge were used: dialectical, analysis, synthesis, formal-legal, structural, comparative-legal. Results: in the process of research, it is proposed to consider the standards of administrative proceedings as a constituent element of international standards of human rights and freedoms, which aim to increase and ensure the effectiveness of judicial protection of human rights and fundamental freedoms in the process of resolving disputes, one of the parties of which is the subject of power. An analysis of the role of the European Court of Human Rights in the sphere of regulation of administrative process standards was carried out. It was concluded that the harmonization of regulations in the field of defining the standards of the right to access to court and a fair trial will contribute to the creation of a single European legal space. Originality. In the process of research, it was established that the standards of the right to access to court and a fair trial constitute the minimum level of ensuring the rights of a person in the judicial process, as well as the presence of characteristic features of their application in the consideration of administrative cases. Practical significance. The results of the research can be used in law enforcement activities in the process of improving the current administrative procedural legislation of Ukraine, as well as in law enforcement activities during the judicial protection of violated individual rights in relations with public authorities.

Some Issues of Initiation of Administrative Proceedings in the Russian Federation

The paper examines some problems of the procedure for initiating administrative proceedings under Russian law. Administrative proceedings currently represent an independent procedural form of protection of public rights and interests, while being the «antipode» against civil proceedings. However, the administrative procedure legislation does not provide for any criterion for determining cases of public legal nature, which causes the problem of determining the applicable legal proceedings when initiating specific cases. The author proves that public law, unlike private law, always belongs to an unlimited number of persons. By virtue of this, cases of a public legal nature should also be determined based on the attribution of the disputed right. It is proposed to consolidate as a mandatory element of an administrative statement of claim the public nature of the right or interest violated, in the opinion of the administrative plaintiff, by acts, decisions or acts (or omissions to act) of public authorities. Since in a number of administrative cases the law provides for the mandatory participation of a judicial representative with a law degree or Cand. Sci. (Law) degree, it is proposed in such cases to fix the requirement to indicate in the administrative statement of claim the rules of law governing disputed legal relations, as well as regulatory and other legal acts to be applied in the case (by analogy with arbitration legal proceedings and the presentation of a statement by the prosecutor in civil proceedings). The rule of Article 128 of the Code of Administrative Procedure of the Russian Federation (CAP) concerning the right of a court to refuse a person to accept an administrative statement of claim, if its content does not indicate a violation of his rights by a contested act of public authority, has been criticized. It is proposed to exclude this provision from CAP due to the contradiction of its legal position of the Constitutional Court of the Russian Federation.

APPEAL OF RULINGS ON THE ISSUES REGARDING SECURING A CLAIM BY SUSPENDING ACTS OF SUBJECTS OF IMPERIOUS PLENARY POWERS

The article substantiates that the right to appeal and cassation of the rulings, which are issued as a result of solving the issue of securing a claim by suspension of acts (an individual act or a normative legal act) of subjects of imperious plenary powers, is a component of a person's constitutional right to judicial protection. The problems related to the appeal of the rulings issued as a result of the resolution of the issue of securing a claim by suspension of an individual act or a normative legal act are singled out. Among the main problems of this category are, in particular: the absence of indication in Chapter 10 of Section I of the Code of Administrative Proceedings of Ukraine of the possibility of appealing the court ruling on returning the application for securing a claim to the applicant without consideration; failure to take into account the requirements for legislative technique when setting out the provisions of the Code of Administrative Proceedings of Ukraine, which are related to the cassation of the court rulings of the appeal instance on issues of securing a claim. As part of solving the above-mentioned problems, amendments to the Code of Administrative Proceedings of Ukraine are proposed. It is substantiated that the introduction of appropriate amendments to the Code of Administrative Proceedings of Ukraine will allow improving the administrative procedural legislation in the part of appeals of rulings which are issued as a result of solving an issue of securing a claim by suspension of an individual act or a normative legal act and will increase the effectiveness of the judicial form of protection of rights, freedoms and interests of individuals.

Administrative Delicts Referred to the Court Jurisdiction

In accordance with the key provisions of Part 2 of Article 118 of the Constitution of the Russian Federation and the analysis of the current administrative and administrative procedural legislation of the Russian Federation, the need for the development of the theory of economic and non-economic administrative torts (administratively punishable and administratively enforced offenses) attributed to the competence of courts of general jurisdiction, arbitration courts and the Supreme Court is justified Of the Russian Federation. Based on the analysis of the norms of the Administrative Code of the Russian Federation, the laws of the subjects of the Russian Federation on administrative offenses, the Agro-industrial Complex of the Russian Federation, the CAS of the Russian Federation, as well as other federal laws regulating control and supervisory activities and the grounds for applying public administration bodies to the court for the application of judicial measures of administrative coercion for committed offenses, a scientifically based classification of administrative torts attributed to special categories such as “economic administratively-punishable tort attributed to the competence of courts”, “economic administratively-enforced tort attributed to the competence of courts”, “noneconomic administratively-punishable tort attributed to the competence of courts”, “non-economic administrativelyenforced tort attributed to the competence of courts”, “non-economic administratively-enforced tort attributed to the competence of the courts”, “economic administratively punishable tort referred to the competence of courts”, “economic administratively enforced tort referred to the competence of courts”, “non-economic administratively punishable tort referred to the competence of courts”, “non-economic administratively enforced tort referred to the competence of courts”. In order to further improve the administrative and administrative procedural legislation of the Russian Federation, a proposal is put forward to develop criteria for the distribution of jurisdiction according to the composition of economic and non-economic administrative torts, as well as to amend the Administrative Code of the Russian Federation, the CAS of the Russian Federation and the Agro-Industrial Complex of the Russian Federation.

ЗАКОНОДАВЧЕ РЕГУЛЮВАННЯ ДІЯЛЬНОСТІ АДМІНІСТРАТИВНИХ СУДІВ ПІД ЧАС ВОЄННОГО СТАНУ

Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.

SUBJECTS THAT HAVE THE RIGHT TO SUBMIT AN APPLICATION FOR THE REVIEW OF THE COURT DECISION UNDER NEWLY DISCOVERED CIRCUMSTANCES IN ADMINISTRATIVE PROCESS

The article is devoted to the determination of the subjects of the right to appeal to the court with an application for review of the court decision based on newly discovered circumstances. It was concluded that the proceedings in the administrative case in connection with the newly discovered circumstances consist in the re-examination of the already considered lawsuit, which is conducted in order to take into account the circumstances, the existence of which became known already after the final decision was adopted and it entered into force, provided, that taking them into account would lead to a different resolution of the case. It is noted that under the currently valid administrative procedural legislation, the right to submit an application for review based on newly discovered circumstances is granted to the participants in the case and persons who did not participate in the case, provided that the issue of their rights, freedoms, interests and (or) obligations is resolved by a court decision. It is substantiated that the legislator correctly granted the participants in the case the right to apply to the court for a review of the court decision based on newly discovered circumstances, since they have a material-legal and procedural-legal interest in the results of the case. It has been proven that the circumstances that indicate that the court decision has resolved the issue of the rights, freedoms, interests and (or) duties of a person who did not participate in the case cannot be considered newly discovered. It is substantiated that in the case of a person who did not take part in the case, following an appeal or cassation complaint, if the court has decided the issue of their rights, freedoms, interests and (or) duties, a new ruling on the substance of the claims, such a person can no longer to be considered “a person who did not participate in the case”. It is indicated that in the proceedings for the review of court decisions based on newly discovered circumstances, the court is not empowered with procedural powers to clarify the issue of whether the court decision directly concerns the rights, interests and (or) obligations of this person or contains statements about his rights or duties in the relevant legal relationship. It is proposed to exclude from the Code of Administrative Proceeding of Ukraine such an entity applying for review of a court decision under newly discovered circumstances as a person who did not participate in the case, if the court decided the issue of his rights, freedoms, interests and (or) duties.

МЕСТО И РОЛЬ АДМИНИСТРАТИВНЫХ РЕГЛАМЕНТОВ В РАЗВИТИИ АДМИНИСТРАТИВНОГО И АДМИНИСТРАТИВНО-ПРОЦЕССУАЛЬНОГО ЗАКОНОДАТЕЛЬСТВА РОССИИ (НА ПРИМЕРЕ ХАНТЫ-МАНСИЙСКОГО АВТОНОМНОГО ОКРУГА – ЮГРЫ)

The article attempts to show the place and role of administrative regulations in the general system of administrative and administrative procedural legislation of Russia, their legal support in the law enforcement practice of the Russian executive authorities at all levels, as well as the legal consequences of their application. The study focuses on the analysis of administrative regulations of the executive authorities of the Khanty-Mansi Autonomous Okrug ‒ Ugra. According to the study, it is necessary to adopt the law of administrative procedures at the regional level, particularly in Khanty-Mansi Autonomous Okrug ‒ Ugra, as there is no such federal law.

ДЕЯКІ ПИТАННЯ ІНСТАНЦІЙНОЇ ЮРИСДИКЦІЇ АДМІНІСТРАТИВНИХ СУДІВ

Purpose. The purpose of the article is to determine the rules of instance jurisdiction, thelegal consequences of their violation in administrative proceedings, and to develop proposalsfor improving the current legislation of Ukraine in this area. Methods. The theoretical andmethodological basis of the research is general scientific and special methods. With the help of theuniversal dialectic method, the problems of determining the instance jurisdiction in administrativeproceedings in the procedural law and the consequences of its violation in their complexity andcontradictions were investigated, as well as ways of improving legal regulation in this area were determined. The use of the special-legal method and the method of systemic analysis, as wellas the logical-legal method, made it possible to investigate the content of individual norms ofadministrative procedural legislation related to the topic of the work, in their systemic connection.Results. It is noted that the legislator understands the type of administrative jurisdiction underthe instance jurisdiction, which determines the court authorized to consider and decide theadministrative case on the merits, from among the courts of different levels, to review the courtdecisions adopted in the administrative case in the appellate and cassation procedures. It hasbeen proven that under the current administrative procedural legislation of Ukraine, violationof the rules of instance jurisdiction entails a consequence in the form of annulment of the court'sdecision at the stages of appeal and cassation proceedings with referral of the case to the court offirst instance under the established jurisdiction for a new trial.It was concluded that in аrt. 22 of the Сode of administrative proceedings of Ukraine is notabout jurisdiction, but about jurisdiction. The need to exclude аrt. аrt. 23-24 of the Сode ofadministrative proceedings of Ukraine from paragraph 2 of chapter 2 of section I of the Сodeof administrative proceedings of Ukraine. The inexpediency of granting the Supreme Courtthe authority to consider some categories of administrative cases on the merits is indicated. Itis substantiated that the administrative cases provided for in рart 3 of аrt. 22 of the Сode ofadministrative proceedings of Ukraine, must be considered by district administrative courts ascourts of first instance.Conclusions. It is proposed to change the title of Chapter 2 of Section I to «AdministrativeJurisdiction and Jurisdiction of Administrative Matters», and the title of Paragraph 2 of Chapter2 of the Section to «Instance Jurisdiction», to provide for such a consequence of violation of therules specified in аrt. 22 of Сode of administrative proceedings, when considering a case in thecourt of first instance as a transfer of the case to another court by appropriateness, to establishthat the annulment in the appellate procedure of the court decisions that ended the considerationof the case is not allowed, if the party to the case who filed the appeal, without valid reasons, doesnot declared that the case was not subject to jurisdiction in the court of first instance.

The application of the laws "on administrative procedure" and "on media" in the mechanism of counteracting domestic violence

The scientific article provides grounds for the necessity of improving legal mechanisms to counteract domestic violence, whose dynamics tends to increase in the conditions of the pandemic of the coronarous disease, and then the full-scale Russian aggression against Ukraine. It has been established that the laws "on Administrative Procedure" and "on Mediation" adopted recently in Ukraine have an effect on the effectiveness of counteracting domestic violence. It has been established that the urgent prohibited requirement issued by the subdivisions of the National Police has all the characteristics of the administrative act: It is the decision of the administrative body – the authorized subdivision of the National Police; it is adopted unilaterally; it contains an indication of the obligation of the person or the prohibition; it is accepted in relation to the person who is outside the organizational structure of the administrative body. Therefore, its adoption should be based on the rules established by the administrative procedure legislation as well. This will allow the victim to be involved in the proceedings as a interested person, which will result in the submission of a number of procedural rights, in particular, to access the case materials, submit a petition, appeal procedural decisions and decisions on the case. In addition, more guarantees will be provided for the addressee of the urgent prohibition - the offender. Mediation in cases of domestic violence can be applied in administrative responsibility for domestic violence, in the execution of court decisions in the case, and also in the imposition of a term ban, which does not exclude the imposition of a penalty on a person and the application of other coercive measures, but instead, serves as a basis for resolving the conflict between the offender and the injured person. Mediation can be a so-called "soft" way of solving the problem, which will reduce the pressure on the police and courts, and will also help to find the best solution for the parties to the conflict.