ТЕОРЕТИЧНІ ЗАСАДИ ТА ПРАКТИЧНІ АСПЕКТИ ФОРМУВАННЯ НОРМАТИВНО-ПРАВОВИХ УМОВ ЗАБЕЗПЕЧЕННЯ ДІЯЛЬНОСТІ АДМІНІСТРАТИВНИХ СУДІВ В УКРАЇНІ
The purpose of the article is to study the peculiarities (theoretical foundations and practical aspects of formation) of normative and legal conditions for the activity of administrative courts in Ukraine.
At the current stage of Ukraine's development, much attention is being paid to the legal regulation of the activity of administrative courts. The level of legal regulation of these courts depends on the degree of protection of the rights of the citizen, and, to a large extent, the prospects for the development of a law-governed state. It was clarified that the influence of normative and legal provision of activity of administrative courts remains insufficiently investigated. The clarification of the role and importance of the normative and legal framework for the functioning of administrative courts requires more systematic and in-depth analysis.
According to the results of the study, it is established that today there is no single practice of using art. 18 of the Code of Administrative Judiciary of Ukraine, which may lead to a significant violation of the rights and legitimate interests of participants in the trial. This requires the formation of a single legal position regarding the jurisdiction of administrative cases. It was clarified that the instability of administrative procedural legislation and confusion in determining the substantive jurisdiction of administrative cases are the determining factors that reduce the efficiency of administrative legal proceedings. It is revealed that the content of the legal basis of the activity of an administrative court is its legal status, which, in our opinion, should be enshrined in a special law of Ukraine.
It was substantiated that further systematization, streamlining, elimination of conflicts and incompleteness of legal consolidation of elements of the status of administrative court will enhance the efficiency of this court's activity in fulfilling the function of protecting the rights and freedoms of participants in public-legal relations from violations by state authorities and local self-government.