Code Of Administrative Procedure Research Articles

Actions by administrative authorities justified by a state of higher necessity

This article deals with the actions of the administrative proceeding authorities justified by a state of higher necessity. In Poland, the state of higher necessity does not constitute a title for the encroachment of public administration bodies on the rights and obligations of persons without a legal basis. In terms of its essence, the state of force majeure under the Administrative Procedure Code is not uniformly understood. It may be treated narrowly or broadly. However, regardless of its treatment, it conditions the application of special and very often inherently exceptional solutions. This includes issuing decisions with the application of special regulations in matters of peace, security and public order, and sometimes in situations dictated by an even differently understood state of higher necessity. This article deals with the actions of the administrative proceeding authorities justified by a state of higher necessity. In Poland, the state of higher necessity does not constitute a title for the encroachment of public administration bodies on the rights and obligations of persons without a legal basis. In terms of its essence, the state of force majeure under the Administrative Procedure Code is not uniformly understood. It may be treated narrowly or broadly. However, regardless of its treatment, it conditions the application of special and very often inherently exceptional solutions. This includes issuing decisions with the application of special regulations in matters of peace, security and public order, and sometimes in situations dictated by an even differently understood state of higher necessity.

Exercise of a party's rights to active participation in administrative proceedings. Selected issues in the context of self-government boards of appeals rulings

Self-Government Boards of Appeals (SBoAs) act, within their statutory competence, as bodies of higher instance, within the meaning of the Code of Administrative Procedure and the Tax Ordinance Act, in individual public administration matters falling within the jurisdiction of local governments, unless specific provisions of law provide otherwise. In view of this, inevitably, their adjudicatory practice relies, among other things, on the direct application of general principles articulated in the Code of Administrative Procedure and the Tax Ordinance Act, especially in terms of ensuring active participation of the parties in the appeal proceedings. Given the specificity of the court operating as a quasi-judicial body, the article analyses the interplay between the general principles related to active participation of the parties to proceedings and outlines difficulties (and challenges) related to the issues discussed. The study was conducted by employing the formal and dogmatic method, as well as auxiliary legal-historical method, with a view to presenting the normative context of the adopted legal solutions. Moreover, the conduced analysis of court and tribunal jurisprudence allowed inclusion of the practical aspects of the general principles in question and their application.

The concept of an individual act as the subject of a public legal dispute

The article is devoted to the study of the issue of the definition of an individual act as the subject of a public-law dispute, which is extremely relevant at the current stage of reforming state institutions and harmonizing the legislation of Ukraine in the process of negotiations on joining the European Union. The article indicates that public-law disputes regarding the appeal of individual acts cover all spheres of the public life of citizens and are a direct consequence of the implementation of public­authority management functions by subjects of authority. The state of administration of justice by administrative courts in 2020-2023 was studied, and a conclusion was made about the increase in the number of public legal disputes considered by administrative courts. Attention is drawn to the fact that domestic legislation is inconsistent in the field of terminology. In particular, the Law of Ukraine «On Administrative Procedure» uses the concept of «administrative act,» the Code of Administrative Procedure of Ukraine uses the concept of «individual act,» and the Law of Ukraine «On Law-Making Activity» uses «acts application of law,» «other individual legal acts,» and «other legal acts that do not contain legal norms.» In connection with this, subjects of authority often approach issues of terminological apparatus in different ways when processing hundreds of legal acts. In addition, the scientific community does not have a unified approach to this issue, operating with the concepts of «legal acts of state administration», «administrative legal acts», «individual administrative acts», «individual administrative legal acts» and «legal acts of individual action». Taking into account the researched material, it is indicated that most often an individual act is equated with the concept of an administrative act, which is narrower. Therefore, in the context of a public legal dispute, which includes both administrative and judicial appeals, it is appropriate to use the term individual act. It has been concluded that a unified understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a unified approach to their application. Therefore, the definition of an individual act is proposed.

Lawsuit as a means of protecting violated rights in administrative proceedings

The article is dedicated to the study of a lawsuit as a means of protecting violated rights in administrative proceedings. Considering the amendments to the legislation, the issue of the significance of a lawsuit in the context of protecting violated rights in administrative proceedings has become increasingly relevant. Under the previous version of the Code of Administrative Procedure of Ukraine, a lawsuit was the foundational document, without which the protection of violated rights in administrative proceedings would be nearly impossible. It has been demonstrated that the current version of the Code of Administrative Procedure of Ukraine has significantly detailed the right to apply to the court, particularly regarding the potential application of remedies by the court. A lawsuit, serving as the basis for initiating proceedings, addressing the case on its merits, and rendering a court decision, is a crucial tool in raising the question of whether the administrative court should apply remedies to protect violated rights. Simultaneously, the administrative law doctrine posits that an administrative lawsuit itself should be viewed as a means of protecting violated rights. The author observes that doctrinal provisions, grounded in the current administrative procedure law and supported by an analysis of administrative court practice, indicate that an administrative lawsuit significantly influences the activities of an administrative court, particularly in its application of remedies to protect violated rights. Furthermore, some scholarly sources add that the importance of a lawsuit lies in its ability to guide the court’s actions and provide individuals with appropriate guarantees. The author emphasizes that these doctrinal principles align fully with the provisions of the Code of Administrative Procedure of Ukraine, which is considered a conceptually comprehensive procedural document.

Regarding the application of the terms «peace agreement», «аgreement on conciliation», «conciliation statement» in national procedural legislation

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement.

Forma załatwienia sprawy administracyjnej a ochrona danych osobowych

The article is a synthesis of most important issues in the area of personal data protection in the context of administrative proceedings. Attention was paid to the specificity of the main forms of dealing with administrative matters, and in their context, to the legislator’s approach to the obligations of bodies in the implementation of the rights (settled in national and EU regulations) to which people are entitled. There are discussed laws which are connected with the topic of this article and included in the Administrative Procedure Code, the Personal Data Protection Act and the GDPR. The approach of doctrine, case law and obligations regarding the protection of personal data is presented here. Problems that may occur in the practice of applying the discussed standards were also highlighted, and as a result, threats to the implementation of the right to personal data protection in administrative proceedings.

Administrative proceedings vs. Tax proceedings

Tax proceedings are a separate type of administrative proceeding, which is conducted by tax authorities. It has the character of an authoritative, public-law concretization, a unilateral legal relationship in the field of tax law. The provisions governing the proceeding include both the Tax Ordinance and the Code of Administrative Procedure. The purpose of tax proceedings is to assess tax... Administrative proceedings are both a series of procedural actions, regulated by procedural law, taken by public administration bodies and other procedural entities to resolve an administrative matter in the form of an administrative decision, and a series of procedural actions taken to verify a previously issued administrative decision. Administrative procedure, also called formal administrative law, procedural administrative law or administrative procedure, is one of the three parts of administrative law.

Ideas for Civil Society and Association through the Prism of Public Law

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases.

Система административных судов в Кыргызской Республике: становление, особенности, направления совершенствования

An important result of the judicial reform in the Kyrgyz Republic is the adoption in 2017 of the Code of Administrative Procedure and the creation of a system of administrative courts. The article shows the specifics of the model of administrative justice that has developed in Kyrgyzstan. Based on the analysis of legislation and law enforcement practice, a set of measures for its further improvement is proposed: changing the territorial organization of the courts of appeal, ensuring the possibility of using digital technologies in the administration of justice, restoring the supervisory authority, clarifying a number of administrative procedures.

Postulat posiłkowego stosowania zasad prawa karnego a odpowiedzialność z tytułu administracyjnych kar pieniężnych

The article focuses on the problem of liability for administrative fines, taking into account elements of a subjectivising nature of administrative liability to demonstrate the possibility of subsidiary application of criminal law provisions by public administration bodies. Through the analysis of the case law of the Supreme Administrative Court, selected Regional Administrative Courts, the Constitutional Tribunal, as well as the European Court of Human Rights, it is shown that the problem of measuring and imposing administrative fines on the basis of the provisions of substantive administrative law and Section IVa of the Code of Administrative Procedure requires a much broader analysis than any conducted thus far. Due to the legislator’s failure to guarantee the correct scope of legal protection that would include demonstrating the circumstances that are also of a subjective nature, obliged entities have been deprived of numerous legal guarantees provided not only in Article 42(2) of the Constitution of the Republic of Poland but also in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The analysis of the nature of administrative fines proves that the current regulations of Section IVa of the Code of Administrative Procedure require significant reform, in particular, to guarantee the absence of arbitrary imposition and execution of administrative sanctionsby public administration bodies. Verifying the judgments from the point of view of taking into account the subsidiary application of the provisions of criminal law has made it possible to present a discussion on the nature of administrative liability, which is first and foremost of significance in terms of implementing the obligations of the State Party to the ECHR within the framework of taking into account subjective circumstances, but also in terms of the application of the ne bis in idem principle in the situation of concurrence of criminal and administrative liability. With this in mind, a de lege ferenda postulate is to amend the provisions of Section IVa of the Code of Administrative Procedure by including in its scope additional legal guarantees of obliged entities while taking into account the principle of legalism in its broadest sense.

Bill on High Risk Suppliers

Abstract The subject of this article is the introduction of cybersecurity-related regulations on the providers of infrastructure for the provision of 5G technology services into the Polish legal system. In particular, the implementation of the recommendations of the report prepared by the Network and Information System Cooperation Group entitled Cybersecurity of 5G networks EU Toolbox of risk mitigating measures (referred to as the 5G Toolbox). Following the recommendations of the European Commission, Poland has undertaken work on introducing regulations that would implement the provisions of the 5G Toolbox regarding high-risk suppliers. An amendment to the Act on the National Cybersecurity System of 3 July 2023 (‘the Bill’) has been prepared, which includes recommendations of the 5G Toolbox. The article carries out an analysis to answer the question of whether the provisions of the Bill regarding proceedings in the case of the so-called high-risk suppliers are consistent with the Constitution and basic procedural principles, and in particular whether legal guarantees have been provided for participants in the proceedings regarding high-risk suppliers. The research hypothesis is that not all proposed regulations in this area meet the previously indicated requirements. The analysis takes into account the proposed regulations regarding: proceedings concerning recognition of a supplier as a high-risk supplier; application of the provisions of the Code of Administrative Procedure in these proceedings and the content of issued decisions and remedies. Mainly the dogmatic-legal method, as well as the theoretical-legal method, is used.

Legal Basis for the Application of the Principles of Legality and Justice in the System of Administrative Proceedings of the Republic of Kazakhstan

Abstract The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently.

Demographics and clinical characteristics of patients of prescribing psychologists, psychiatrists, and primary care physicians.

To describe the characteristics of patients receiving psychotropic medication from prescribing psychologists, psychiatrists, and primary care physicians. This descriptive study was conducted using private insurance claims of patients from New Mexico and Louisiana receiving psychotropic medications (anticonvulsants, antidepressants, antipsychotics, hypotensive agents, anxiolytics/sedatives/hypnotics, and stimulants) from 2004 to 2021 (N = 307,478). Patient characteristics were captured during the 6 months prior to their first psychotropic medication using administrative information, diagnosis and procedure codes, and medication data. Logistic regression models estimated the associations of patient characteristics with prescriber type. Additional logistic regression models estimated the association of prescriber type with medication classes prescribed. Patients were most likely to see specialists (psychologists or psychiatrists) if they had bipolar disorder (average marginal effect and 95% CI 0.214 [0.196, 0.231]), schizophrenia/psychotic disorders (0.118 [0.097, 0.138]), or had 1-4 visits of psychotherapy (0.267 [0.258, 0.026]). Specialist patients were most likely to see a prescribing psychologist if they had 1-4 visits of psychotherapy (0.196 [0.183, 0.210]) or had insomnia (0.309 [0.203, 0.415]). Prescribing psychologists were more likely to prescribe antidepressants (0.028 [0.011, 0.045]) and less likely to prescribe antipsychotics (-0.016 [-0.020, -0.012]) than psychiatrists. Primary care physicians were less likely to prescribe all psychotropic medications except antidepressants (0.011 [0.002, 0.019]) and anxiolytics (0.074 [0.067, 0.080]). Prescribing psychologists treat patients who are more similar to those of psychiatrists than patients of primary care physicians; they are less likely to prescribe antipsychotics and more likely to prescribe antidepressants. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Частные определения и обязанность по информированию правоохранительных органов о выявлении признаков преступлений в деятельности судов, рассматривающих гражданские и административные споры

administrative disputes (Code of Commercial Procedure of the Russian Federation, Civil Procedure Code of the Russian Federation, Administrative Procedure Code of the Russian Federation) and reports submitted by courts to law enforcement authorities in the event of revelation of elements of crime in the course of case hearing. The problem lies in confusing of these two procedural institutions. The author of the article proves that reports submitted by courts to law enforcement authorities are not special rulings by their nature as they perform different functions. Thus, the author concludes that Part 4 of Article 200 of the Code of Commercial Procedure of the Russian Federation needs to be amended. One should delete mentioning of a special ruling in the event of revealing of elements of crime.

Peculiarities of proceedings in administrative cases regarding the placement of a foreigner who is subject to deportation or readmission to a point of temporary stay

The article examines the specifics of proceedings in administrative cases regarding the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. The topicality of the topic is due to the implementation of the Agreement on the Association of Ukraine and the European Union regarding the creation of a single legal space, including the protection of the rights and legitimate interests of foreigners and stateless persons when challenging placement in special institutions. The object of the study is a complex of social relations that are formed in the process of contesting the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons. The subject of the study is the norms of administrative law, which determine the specifics of the protection of the rights of foreigners, stateless persons who are placed in a temporary detention center, in accordance with the procedure defined by the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a set of general scientific methods and private methods of scientific knowledge. The work uses the following methods: dialectical, formal-logical, statistical, comparative-legal, systemic-structural, analysis and synthesis. The article examines the concepts of «expulsion» and «readmission», examines the peculiarities of proceedings in administrative cases concerning the accommodation of a foreigner or a stateless person who is subject to expulsion or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. Judicial practice has been studied and the main reasons for administrative claimants' appeals to the court for the specified category of cases have been identified. It is proposed to establish a maximum period of detention of foreigners and stateless persons in the points of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine.

Etyka administracji publicznej a funkcja edukacyjna sądów administracyjnych – glosa częściowo krytyczna do wyroku Naczelnego Sądu Administracyjnego z 15 lipca 2021 r., sygn. akt III OSK 3869/21

This gloss discusses two, at first glance imperceptible, problems that are concentrated in the ruling analyzed. The first of these is the practical application of ethical principles by public administration bodies. In the case being commented on – submitting an application for a school scholarship beyond the statutory deadline – the public administration authorities not only failed to fulfill their obligations related to the fair consideration of the case, but also to provide protection to a family in a difficult life situation. Such protection is guaranteed not only by statutes, including the Code of Administrative Procedure, but also by the Constitution of the Republic of Poland and international agreements binding on Poland. The Supreme Administrative Court’s judgment focused primarily on the analysis of the provisions of the Education System Act, without paying much attention to the above-mentioned problem of standards that should guide public administration. In the author’s opinion, such a way of considering the case, which ignores the broader context of the primary causes of the entire problem, should be considered as a serious omission. In the light of the fundamental role of the courts in protecting the fundamental rights of the individual, as well as the influence of case law on shaping the legal culture of public authorities and society, the duty of the court – especially the court of last instance – is to provide a detailed explanation of all doubts that have arisen in a given case and a comprehensive justification of the reasons for a given decision. The goal that the court should strive for is not only to uphold and promote certain standards or maintain the uniformity of case law, but also to ensure that both the parties and all other recipients of the judgment have no or the least possible doubts as to the correctness of the judgment. All this significantly affects the authority of the judiciary and the trust of citizens in it, and thus to some extent, also their faith in the entire public authority in Poland.

Changing rates but persisting seasons: patterns of enterovirus infections in hospitalizations and outpatient visits in Denmark 2015-2022

BackgroundEnteroviruses (EV) constitute a diverse group of viruses manifesting a broad spectrum of clinical presentations in humans ranging from mild skin manifestations to more severe central nervous system (CNS) infection. Severe infections are reported with increased frequency globally, albeit the burden of diseases and the evolution of circulating viruses is largely unknown. We aimed to systematically explore contemporary trends in hospitalizations attributed to EV infections using national hospitalization discharge data.MethodsWe utilized the Danish National Patient Register which holds information on all contacts to Danish hospitals. We covered eight full years (2015-2022). Length-of-stay and administrative procedure codes were used to distinguish hospital admissions from outpatient visits. We utilized burden of disease estimates and distribution statistics.ResultsWe identified 1029 hospitalizations and 1970 outpatient visits due to EV infections. The hospital admissions were primarily associated with CNS-infections (n=570, 55.4%) and skin (n=252, 24.5%), with variation over the studied period. The admitted patients were predominately children (43.8%) though patients were identified in all ages. The clinical manifestation was associated with age, with CNS infections dominating in the neonates and adults, and skin infections dominating in children 1-2 years (17.2%). Outpatient visits were predominantly observed among children 1-2 years (55.0%), presenting with skin symptoms (77.9%). We show a seasonal pattern of EV infections with summer/fall peaks and markedly impact on the EV hospitalization burden related to COVID-19 mitigation measures including national lockdown periods. 25% of hospital admissions occurred during 2020-2022.ConclusionEV infections caused both hospital admissions and outpatient visits in the period studied, predominately among children aged 1-2 years. Overall, skin infections dominated the outpatient visits, while the majority of hospital admissions were due to CNS infections. The pandemic period did not change the seasonal pattern of EV infections but notably lowered the number of admissions to hospital with CNS infection and raised the number of outpatient admissions with skin infection.

Complicity in Administrative Proceedings

The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.

Peace agreement (reconciliation) in civil and administrative jurisdiction: a comparative aspect of the study

The article is devoted to a comparative legal study of the institution of settlement agreement (conciliation) in the fields of civil procedural and administrative procedural law.
 The main purpose of the article is to highlight the significance of the settlement agreement in civil and administrative processes. Attention is drawn to the fact that when a settlement agreement is concluded and approved by the court, the parties have the right to independently choose a way out of the conflict situation, while the court is released from the obligation to review the merits of the case for which proceedings have already been opened. The value of the settlement agreement is to encourage the parties to voluntarily fulfill their obligations, thereby reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in administrative and civil processes is an important procedural tool that contributes to the successful protection of the rights and interests of the participants in the process and the parties to the case, as well as relieves the court’s activity in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is carried out. The commonality of legislative approaches in solving such issues as who can conclude a peace agreement (reconciliation) is noted; the possibility of the parties to go beyond the scope of the dispute when concluding a settlement agreement (conciliation statements); availability of a written settlement agreement (reconciliation) of the parties; the court’s duty to explain to the parties the procedural consequences of approving a settlement agreement (reconciliation); the court’s obligation to check the terms of the settlement agreement (reconciliation) before approving them; fixing the terms of the settlement agreement (reconciliation) in the court decision, which simultaneously closes the proceedings in the case; the presence in most cases of identical reservations regarding the impossibility of approving a settlement agreement (reconciliation) of the parties, etc. On the other hand, distinctive features of the normative regulation of the settlement agreement and the reconciliation of the parties in civil and administrative proceedings, respectively, are noted. Based on this, it is proposed to improve domestic legislation in the field of civil and administrative jurisdiction.

Some issues on improving the judicial system of the Republic of Kazakhstan

This article discusses some issues related to improving the judicial system of the Republic of Kazakhstan. It is emphasized that the judiciary occupies a special place in the mechanism for protecting human rights. The importance of the category of justice for the judicial system is considered, the norms of the current legislation are analyzed, and it is concluded that the term “impartiality of judges” means justice. Justice is impossible if the court is biased, and accordingly, biased justice gives rise to unfair decisions and leads to a low level of citizens' trust in the state as a whole. The article also discusses such a problem as the high workload of judges, and it is proposed to introduce the institution of assistant judges. The legal experience of foreign countries in which the institute of judicial assistants operates is analyzed. World practice shows that assistant judges directly contribute to improving the quality of the administration of justice. Particular attention is paid to the process of expanding the specialization of courts. An analysis of the administrative form of legal proceedings is carried out, as well as the provisions of the new Administrative Procedure Code. In conclusion, this article concludes that the judicial system must be stable and conservative, and a unified judicial practice must be formed.