Court Of Ukraine Research Articles

INFORMATION AND LEGAL COMPONENTS OF LABOR PROTECTION IN THE CONTEXT OF THE COVID-19 PANDEMIC

The article summarizes the state of legal regulation and judicial and law enforcement practice in the field of labor relations, which arise against the background of the COVID-19 pandemic. The normative legal acts referred to by the Ukrainian authorities when making decisions on compulsory vaccination, and which serve as a normative basis for the removal of certain employees from work, are analyzed. At the same time, an analytical review of the decisions of the Supreme Court of Ukraine and the decisions of the European Court of Human Rights on appeals concerning coercion by the authorities and administrative institutions to vaccinate was carried out. Analytical materials of public associations of lawyers and the practice of the Verkhovna Rada Commissioner for Human Rights were also used for analysis. Attention is drawn to gaps in legislation and regulations on the issue of informed patient consent. Certain options for amending the relevant acts are proposed. Conclusions on the instrumental impact of information and legal aspects on the general state of labor protection in a pandemic. The author, in particular, draws attention to the fact that the state, having established the rule that without vaccinations certain categories of workers can not be admitted to work, fulfills its obligation to ensure labor protection. That is, by creating safety and health conditions at work, public authorities and employers protect not only all workers and those who receive their services, but also the person who has not received preventive vaccinations, through the mechanism of offering such an employee, for example, conditions for remote work. At the same time, the article emphasizes the fact that medical institutions and doctors are largely ignoring the provisions of current legislation on the objective information of patients undergoing vaccination. It is about informing patients about the features of different vaccines and the possible consequences of their use. And this, in turn, should lead to the informed consent of the patients themselves. Thus, informed consent in the described legal relations is a specific indicator and, at the same time, an instrument of labor protection. This, in this case, applies not only to subjects who are vaccinated, because then they receive "admission" to the place of work and the work itself, but also, separately, it is a criterion of quality working conditions of health workers, quality of medical services as an independent species. labor. And reaching the level of collective immunity, thanks to mass vaccination, creates a more global protection of the population, and thus, for its working part, and a tool to protect all types of work.

The problem of latency and trends in human trafficking

This article is based on a study of official statistics and official materials of criminal proceedings considered by Ukrainian courts from 2013 to 2020. Analyzed quantitative indicators of human trafficking, including children, were analyzed in according with article 149 of the Criminal Code of Ukraine and subparagraphs of the article. In total, it was established that in 2013

Electronic evidence as a means of evidence in commercial and administrative judicial procedure

Introduction. The Institute of Electronic Evidence is an achievement of technological progress, which the legislator enshrined in procedural legislation in 2017. However, the Ukrainian judicial practice for more than four years has not developed an unambiguous approach to the use of electronic evidence in commercial and administrative proceedings. Purpose. In order to solve the problem, the article analyzes the preconditions for the emergence of the institute of electronic evidence, the content of this institute, the main ways of interpreting the provisions of Ukrainian and foreign legislation on electronic evidence. Results. The rules of the trial on the electronic form of evidence should be changed due to the growing amount of data in electronic form and its ability to change and destroy without outside interference, and so on. Systematic analysis of the above concept of electronic evidence allows us to identify the following features: existence in intangible form; the need to use certain technical means for reproduction; the ability to transfer or copy to different devices without losing performance; the original electronic proof can exist in many places at the same time. For the proper and effective functioning of electronic evidence in the system of commercial and administrative proceedings, it is necessary to maintain a balance. This balance is, on the one hand, in defining the concept of electronic evidence in procedural law and, on the other hand, in not limiting the forms in which such evidence can be used in court. Conclusion. Thus, the analysis of Ukrainian and foreign judicial practice makes us to conclude that the foreign practice of determining and using electronic evidence in court proceedings is partially similar to its application in Ukrainian courts. However, foreign law uses a broad interpretation of the evidence, which includes electronic evidence. In addition, the evaluation of electronic evidence in Ukraine's commercial and administrative proceedings needs to be regulated. It would be useful to borrow the experience of Germany and the United States.

Protection of long-term land ownership: some problematic aspects

The ability of Ukrainian current legislation and law enforcement practice to provide effective protection of the interests of titleless bona fide landowners was critically assessed. It is noted that the problems of the long-term owners’ interests protection should be solved in the scope of a more general problem, namely the protection of titleless ownership as such. Emphasis is placed on the need for autonomous formulation in the Civil Code of Ukraine of provisions on the protection of titleless ownership and possession of property based on law. This is due to the fact that these civil law institutions have a very different legal nature. The description of these institutions in the national legislation of Ukraine is highlighted, which will take into account the specifics of the legal regulation of relations on the actual ownership of property and increase the effectiveness of protection of the interests of titleless owners. The position of the highest courts of Ukraine on the extension of the regime of protection of real subjective rights to long-term ownership has been challenged. Attention is paid to the need for scientific substantiation of legislative expansion of the methods of protection of long-term land ownership. The current legislation of Ukraine allows the possibility of protecting the interests of long-term landowners only by filing a lawsuit to restore their de facto control over such property. Ways to protect against non-loss of property are not legally available to long-term landowners. It is emphasized that the possibility of satisfying the claims of the long-term owner to restore possession of the property must be linked to the condition of good faith conduct of such a plaintiff. The good faith conduct of the owner should be considered both at the time of establishment of possession and in relation to the subsequent circumstances of possession of the property. In particular, the owner of the property may know that he or she does not have a title to the property and even know who owns the property, but if the owner does not hide the fact of taking someone else's property and is willing to return the property to its owner, it should be considered bona fide.

Strengthening of the institutional capacity of the Constitutional Court of Ukraine in the conditions of modern society as a scientific and practical problem

Modern scientific research of the problems of constitutional jurisdiction in Ukraine is conditioned not only by their established theoretical and practical significance for legal doctrine and law enforcement. In the context of modern global challenges and threats that inevitably affect the domestic legal order of Ukraine, taking into consideration the national problems in the field of human rights and freedoms, interaction between state and society, lawmaking, law enforcement and administration of justice, etc., the need to strengthen the institutional capacity of the Constitutional Court is an important scientific and practical task. It is aimed at strengthening the stability of the institution of constitutional jurisdiction in difficult sociopolitical situations, restoring public confidence in the Constitutional Court and the state in general, improving the legal protection of the Constitution of Ukraine and ensuring its supremacy, reviving respect for the Basic Law and the rule of law, accommodating the functioning of the Constitutional Court to the best international standards of constitutional jurisdiction. The purpose of the article is to substantiate the study of the problem of strengthening the institutional capacity of the Constitutional Court of Ukraine as a complex scientific and applied issue, which provides for its solution in the interdisciplinary scientific space. General scientific research methods, sociological method, structural-functional, as well as interdisciplinary approaches, are used. The institutional capacity of the Constitutional Court of Ukraine is considered as an institutional property of a body of constitutional jurisdiction, which reflects its organisational and functional ability to ensure the implementation of its tasks, functions, and powers under certain conditions and resources. Indicators of the institutional capacity of the Constitutional Court are efficiency, stability, and adaptability to changes. Strengthening the institutional capacity of the Constitutional Court should take place through legal support for strengthening its independence from political influence, improving mechanisms for selecting candidates for judges, modernising constitutional proceedings, developing a mechanism for the Court's interaction with the public, and so on. The main directions of the study of the institutional capacity of the Constitutional Court are determined

Practice of applying international principles in private law relations

National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations

The Term Concept of Right and Unright in Practical and Theoretical Jurisprudence

The article examines some modern trends in the development of domestic legislation, as well as general theoretical legal thinking. One of them is a noticeable spread in the legislative acts of Ukraine of those terms that have an outlet to the problem of legal understanding, for example, they
 talk about such words as: «right», «justice», «unjust sentence», «unright agreement», «unright use», «unright actions», «unright gain». Such terminology can be directly used in legal regulatory practice, and taking into account the pluralism of legal thinking, known from ancient times to this day, inevitably there is a need for an official explanation, interpretation of one or another of the given terminological concepts.
 In all the above cases, the following question will inevitably arise: the terms above are synonyms for the adjectives lawful, illegal, and are similar to them? Or, on the contrary, in the examples given above, they are talking about some other – meaningful and different – from legal / illegal – phenomenon? If we are inclined to the first answer, the question arises: for what purpose different terms were used to name the same phenomenon? If we support the second of the possible answers, then it directly leads to the problem of legal thinking.
 One of the aspects of the general problem of legal thinking is the substantive allocation of the so-called phenomenon of the antipode of the phenomenon of right, – the phenomenon of unright. The urgency of solving this practically significant task is illustrated, in particular, by the fact that, for example, in the current Criminal Code of Ukraine, adjectives unright gain are used almost sixty times!
 What complex of problems in legal regulation, this situation generates, can be seen by analyzing, for example, the reaction of the Constitutional Court of Ukraine regarding the inconsistency of the Constitution of Ukraine with the provisions of Art. 375 of the Criminal Code of Ukraine. Arguing this decision, the Constitutional Court of Ukraine referred to the fact that, in particular: a) formulation of this article allows possibility of abuse by the bodies of pre-trial investigation, in connection with legal clarity, unambiguity in content of the norm is lost when they are applied; b) the situation under discussion creates the possibility of an official assessment of the court decision by non-judicial bodies, which contradicts the principle of the distribution of power.
 It seems remarkable that in response to the aforementioned decision of the Constitutional Court of Ukraine, almost half of those judges who took part in the consideration of this case expressed separate opinions in which they thoroughly criticized the arguments of the Court. Without resorting to a specific analysis of each of these thoughts, we state the pluralistic interpretation of the first part of the complex word «unjust» by different judges of the Constitutional Court of Ukraine. We explain it by the socially-natural heterogeneity, the interpretation of any evaluative legal concepts by various subjects of society in the process of legal regulation.

Economic Analysis of Law and Protection of Economic and Social Rights

The article reveals the mechanism of ensuring human rights through the prism ofeconomic analysis of law and weighing of constitutional values. The relationship between the economicanalysis of law and the principle of proportionality as criteria for the protection of economic andsocial rights is to ensure a balance of private and public interests. The principle of proportionalityis important in defining the non-discrimination and guaranteeing equal access to social assistance.The first part reveals the role of constitutional justice in protecting economic and social rights.The Constitutional Court of Ukraine protects economic and social rights in accordance with theconstitutionally conforming interpretation of laws pursuant to doctrines of direct action and thehorizontal effect of human rights. The second part of the paper focuses on the role of administrativejustice in the protection of social rights, in particular in the light of the legal construction of humanrights. Finally, differentia specifica protection of the social rights on the example of the right tofreedom of choice of occupation and profession and the right to medical care are highlighted. Thedoctrine of the duty to protect orients the government first of all to provide the infrastructure forthe realization of human rights while respecting human dignity and to take negative and positiveactions to ensure human rights.

Problem of criminal legal qualification of domestic violence in law enforcement practice

Domestic violence is a phenomenon that can take the form of a socially dangerous act and be qualified as a crime under Art. 126-1 of the Criminal Code of Ukraine and other articles of the Criminal Code of Ukraine. It is the correctness of the criminal legal qualification of domestic violence that became the subject of our study. 
 The lack of systematic interpretation of Art. 126-1 of the Criminal Code of Ukraine leads in practice to the fact that the courts decide completely differently on the qualification of actions of a person. After all, domestic violence can be a manifestation of both an administrative offense and a criminally punishable act. That makes it impossible to further apply the restrictive measures of a criminal legal nature, enshrined in Art. 91-1 of the Criminal Code of Ukraine. Such situation has already become the basis for resolution in the order of review by higher courts and formation of a position on the most problematic aspects by the Supreme Court of Ukraine. In particular, in order to avoid the prohibited double conviction or punishment, the proceedings must be combined on a comprehensive basis and form a single whole. This means not only that the goal and the means used to achieve it must complement each other in nature and be linked in time, but also that the possible consequences of such legal response to appropriate behavior must be proportionate and predictable. for the persons to whom they relate. 
 Thus, the purpose of our study is to form a list of issues for the correct criminal legal qualification of actions under Art. 126-1 of the Criminal Code of Ukraine, for the correct separation from the administrative offense under Art. 173-2 of the Code of Administrative Offenses, as well as from other criminal offenses related to domestic violence. The task is to study the conclusions of the Supreme Court of Ukraine, to analyse the case law, to analyse the research conducted by non-governmental international organizations, as well as to analyse the positions of the doctrine of criminal and criminal procedure law on this issue.

On the matter of retroactivity of the rulings of the Constitutional Court of Ukraine

The article focuses on the problem of the temporal effect of the rulings of the Constitutional Court of Ukraine declaring the unconstitutionality of legislation, in particular on the matter of retroactivity of such rulings. Based on the existing standpoints in the legal doctrine, the author has analyzed the legislation and legal practices of Ukraine, notably the practice of the Constitutional Court of Ukraine and the Supreme Court. In particular, the highest consideration is given to the established legal positions of the courts, which set up the non-retroactivity of the rulings of the Constitutional Court of Ukraine on unconstitutionality of an act of legislation. This position is based on the courts' interpretation of Art. 152 of the Constitution of Ukraine as such, which makes it impossible for these rulings of the Constitutional Court of Ukraine to be retroactive. The article also examines the exceptions to this rule. The author notes the fundamental shortcomings of this position, whose categorical approach contradicts a number of fundamental legal principles. It unjustifiably prefers legal certainty, ignoring the requirements of justice, protection of human rights, equality, as well as a number of components of legal certainty or similar requirements of supremacy and direct effect of the Constitution of Ukraine, consistency of law, legality. The inconsistency of such position is also highlighted from the standpoint of the legal dogmatics and argumentation. In general, the decisions of the Constitutional Court of Ukraine and the Supreme Court on this matter do not contain any detailed or proper arguments. Meanwhile, there is a misinterpretation of the relevant provision of the Constitution of Ukraine as determining the direction of the temporal effect of the ruling of the Constitutional Court of Ukraine on the rights and obligations, when in fact this provision directly sets only the dates of invalidation of unconstitutional provisions. Under such conditions, the author states that the general principles of law, the current Constitution and legislation of Ukraine generally do not prohibit the retroactivity of rulings of the Constitutional Court of Ukraine on unconstitutionality of an act of legislation. Rather, they point at its necessity in many cases. At the same time, the author emphasizes the need for a more flexible approach to determining the directions of the temporal effect of rulings of the Constitutional Court of Ukraine

Activities of anti-corruption bodies of Ukraine in the conditions of today: state and main challenges

The article considers the current conditions in which such anti-corruption bodies as the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, and the Supreme Anti-Corruption Court of Ukraine have to operate. Based on the opinions of scientists and experts, it has been established that anti-corruption bodies now face the following challenges: constant pressure from the authorities, irresponsibility of the majority of people's deputies, which makes it very difficult for these bodies to work; most citizens of our state perceive corruption as a relatively simple way to solve problems quickly. Ordinary citizens are accustomed, so to speak, to solving either complex or simple issues (in health care or education institutions, courts and other public institutions) "mainly through bribes to officials of lower levels of government who abuse their official position, using it for the purpose of illegal profit or for other selfish purposes; obvious abuse of power by top officials, misappropriation of state property, land, concealment of wealth. In view of this, corruption has been perceived for many years by scholars and ordinary citizens as perhaps the greatest threat to the progress of socio-economic development of the state, its formation as a democracy. The problem of combating corruption as one of the most dangerous phenomena of modern Ukrainian society, which has penetrated almost all spheres of life, is extremely acute not only in Ukraine but also in many developed European countries, including Italy, Germany, Great Britain, etc.). It has been proved that anti-corruption bodies have never become independent and autonomous in their activities. They are often pressured by the Prosecutor General's Office, deputies, and interfere in the investigation, which, of course, alarms international partners and civil society

Determination of the judicial precedent in the system of sources of Ukrainian law

The article analyzes and determines the place of judicial precedent in the system of sources of Ukrainian law. The relationship between judicial precedent and case law is analyzed. It was found that the precedent gives the court decision on a particular case of a normative nature, determining the legal position of the judge is mandatory when considering similar cases. It is proved that this feature distinguishes precedent from judicial practice, which is understood as a set of court decisions on specific legal issues. It is determined that the principle of unity of judicial practice is not absolute, as the Supreme Court is endowed with procedural legislation in the prescribed manner to deviate from the previously formed legal position. The establishment of any restrictions will have a negative impact on the development of procedural law and judicial practice, will exclude the possibility of progressive development of law and social relations. The activity of the Supreme Court as the highest body of the judiciary with the functions of ensuring the uniform application of legislation and ensuring the unity of judicial practice, the acts of which are of paramount importance, is analyzed. It has been proved that the introduction of the “exemplary case” and “typical case” institutes is a step towards the recognition of judicial precedent in Ukraine and the unification in the legal system of our state of features and peculiarities of both legal families, Anglo-Saxon and Romano-Germanic. The position of scholars who refer the decisions of the Constitutional Court of Ukraine to “quasi-precedents” is supported. It is noted that European Court of Human Rights judgments are used as precedents for Ukrainian courts to apply in their own cases. It is concluded that given the positive impact of precedent on court cases, as well as in general on the regulation of public relations and overcoming gaps in the legislation, it is necessary to implement it at the legislative level as an official source of law.

Signs of the concept of „conflict of interest” in the judicial practice of Ukraine

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.

Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.

The right to a justice court: implementation of the practice of the European Court of human rights in the Ukrainian judiciary

The purpose of this study is to reveal the content of the right to a fair trial and the state of its provision in Ukraine through the prism of court decisions of Ukrainian courts of various instances and the relevant practice of the European Court of Human Rights. The methodological basis of the study is a set of philosophical and ideological, general and special scientific methods and techniques of scientific knowledge, including dialectical, systemic, structural and functional methods, as well as methods of analysis and synthesis. It is identified that the right to a fair trial in legal science, judicial practice is considered in its constituent elements and relevant manifestations, including fairness and publicity of the trial, compliance with the signs of independence, impartiality, legality, observance of the rule of law, equality of participants, and proceedings within reasonable time limits. Each of the elements, mentioned and features of the right to a fair trial is subject to appropriate interpretation in the context of the relevant decisions of the European Court of Human Rights during the review of case materials in national courts of the signatory states to the Convention.

E-evidence and e-court in the context of the Covid-19 pandemic: A study from Ukraine

The possibility of using information technology in courts can be called a novelty and a progressive innovation in Ukraine. This is is an important factor in improving the efficiency of the openness and transparency of justice and simplifies judicial procedure, shortens court proceedings and procedural time limits, reduces operating costs, and saves time for all the participants of the process while cases are under consideration. Due to the rapid spread of COVID-19, rapid judicial reforms have taken place around the world to ensure access to justice in this new environment. Insufficient levels of information and technical support for the courts in Ukraine, the lack of a single format for data exchange between automated document management systems of various instances and specialisations, imperfect information protection systems, and insufficient regulation of the information legislation remain problematic issues in the functioning of e-justice systems, all of which require further study. Addressing these issues will help justice in Ukraine to reach a new level in the coming years. Since the e-justice system is aimed at optimising the work of courts through the informatisation of processes, and electronic means of proof are designed to ensure the rights of litigants to use electronic information, the interaction of the notion of electronic evidence with the e-justice system is quite possible. This interaction will increase the efficiency of the judiciary and the quality of justice. This article examines the development of information technology in the courts of Ukraine, including during the COVID-19 pandemic, analyses court decisions rendered in the context of the pandemic, and reflects on the real state of the judicial system in the adoption and examination of electronic evidence. It should be noted that the procedure for processing, submitting, and examining electronic evidence is currently not fully regulated, so the use of electronic evidence in litigation is not always effective. All of the above indicates the need to refine the current procedural codes in terms of introducing clear rules for the collection, execution, submission, and examination of electronic evidence.

The Guarantee of Human Rights, who are Subordinated to Forced Expulsion by the State Border Guard Service of Ukraine

The article investigates the issues of legal implementation of guarantees of rights and freedoms of persons who are subordinated to forced expulsion in international law, their essence and legal regulation in the European Union, regulation of these guarantees under Ukrainian law, procedural order and practice of ensuring rights and freedoms of foreigners and stateless persons who are subordinated to forced expulsion by the State Border Guard Service of Ukraine and its task on the legality of the use of forced expulsion to foreigners and stateless persons. It is emphasized that this action is an effective mean of state coercion, which is used in many countries around the world, and is one of the ways to combat offenses committed by foreigners and stateless persons. Attention was paid to the importance of compliance with the rules of jurisdiction during the decision of the forced expulsion of foreigners and stateless persons, preventing the relevant decision by an incompetent authority or on inappropriate grounds. The right to immediately inform a legal expert, the right to an interpreter, the possibility to appeal the decision and the special guarantees provided by the legislation about legal status of alliance and stateless persons are guaranteed to the human rights during forced deportation. It is emphasized that any decision about foreigners and stateless persons expulsion must be individual, i.e. it must be based on a reasonable and objective consideration of the specific cases of each foreigner or stateless person. The decisions of the European Court of Human Rights and Ukrainian courts where violations of the rights of persons during the application of the procedure of forced expulsion were recorded, are analysed. It is approved that the issue of guarantees of the rights of persons who are subordinated to forced expulsion has been decided in negotiation with international and European legislation, but improvement of the efficiency of legal regulation and practical implementation of forced expulsion by the State Border Guard Service of Ukraine is impossible without eliminating shortcomings and gaps in legal framework, as well as improving staff training on these issues.

Legal nature of judicial practice as a type of legal practice

Development and modernization are characteristic of all processes and phenomena, including state and legal processes. In accordance with the generally accepted approach in the theory of state and law, the law-making func-tion must exist in the highest state bodies according to their competence within the system of division of state power into legislative, executive and judicial branches. This approach leads to the need to analyze the state of courts in Ukraine and their decisions as documents that are part of the system of sources of law. As a result of such analysis, it can be argued that there is a possibility and need to recognize the existence of special forms of judicial activity - judicial lawmaking, which is manifested in the quality and effective formation of the judicial practice.The need for recognition of judicial lawmaking, which complements the provisions of current legislation of Ukraine, currently exists in our country. This process would give more flexibility to the whole system of sources of law, prestige and mandatory observance of the law due to its stability, efficiency, quality and immutability for a long time, “unload” the subject of legislation and help him find new methods and instruments for settling public relations and resolving disputes over law in various areas of law.Thus, it is extremely necessary today for research and analysis and analysis, which are related to outlining the place and legal nature of judicial practice and the whole process of lawmaking, analysis of the relationship of judi-cial practice with other types of legal practice, as well as identifying features and specifics of legal regulation in this area, justification of the existence of judicial practice as a source of law in Ukraine.

Administrative services in the field of social protection in the context of the subject of ad- ministrative disputes

The article considers the theoretical and practical aspects of providing administrative services in the field of social protection, in particular pensions. Peculiarities and author’s definition of pension services are revealed, their types and place in the system of administrative services are determined. The legal nature of pension relations is studied, the emphasis is on their multilateral contractual nature, which is inherent in social insurance obligations. The classification of basic pension services and some other social services as administrative services is argued. The legal grounds for including the services of the Pension Fund of Ukraine in the list of administrative services provid-ed through the centers of administrative services are given. The reasons for overloading administrative courts with pension disputes are analyzed. Based on the analysis of court reports, a conclusion was made about the wrong policy of territorial pension bodies to ignore the judicial practice of resolving court disputes, which leads to mass violations of citizens’ pension rights, overloading courts with pension cases, non-compliance with their statutory deadlines. It is proposed to legislate the role of decisions in exemplary administrative cases considered by the Supreme Court of Ukraine, to partially change the subject jurisdiction for administrative courts to consider pension disputes, to establish the obligation of pension authorities to automatically assign, recalculate and pay pensions and other social benefits. , set out in court decisions on exemplary administrative cases, to strengthen and ensure the inevitability of liability of employees of the Pension Fund of Ukraine for violation of pension rights of citizens, for which to establish criminal liability for wrongful refusals to appoint, recalculate and pay pensions. Taking into account the peculiarities and paramount importance of pension services, the practice of providing them through administrative service centers is supported.

Administrative Jurisdiction in Ukraine: Discourse Analysis

The development of administrative jurisdiction is extremely important for the establishment of a democratic society and the protection of human rights. The purpose of this paper was to study the system of administrative courts in Ukraine and other countries and delineate the powers of courts of different jurisdictions, as well as to study the history of the system of administrative courts in different countries and compare the experience of administrative jurisdictions in different countries. The methodological framework comprised discourse analysis as a method of qualitative research of the issues under consideration. This method involves the study of textual sources, mainly when it comes to understanding law and social laws, as well as their history. In the course of the study, the systems of construction of administrative proceedings of the leading European countries are considered, based on which the general systems of organisation of administrative jurisdiction are outlined: 1) French; 2) German; 3) the common law system; 4) different types of mixed systems. As a result of the research it was established that in general the development of administrative jurisdiction in Ukraine from the 19th century to the present has passed 5 stages and each of them was described. It is stated that the current system of administrative jurisdiction in Ukraine is quite progressive and balanced: administrative courts are a separate three-tier system, and a special procedure has been introduced for administrative cases.