Administrative case in administrative proceedings of Ukraine
Students Name: Zhuravskyi Yulian Stanislavovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Zhuravsky Y.S. , Lesko N.V. Administrative case in administrative proceedings of Ukraine. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. The introduction of administrative justice in Ukraine is the result of transformational transformations in society and a reflection of constitutional requirements that man, his life and health, honor and dignity, inviolability and security are recognized as the highest social value (Article 3 of the Constitution of Ukraine) [1]. And although this branch of legal science is no longer new to domestic law, some of its categories and institutions still need detailed development and research, determining the place in the theory of administrative procedure law. One such legal institution is the institute of administrative affairs, which has escaped the attention of scholars. The use of the concept of "administrative case" in the theory and practice of administrative proceedings is at the axiomatic level, but its in-depth study is not carried out. However, this institution is inherent in any process and can be considered as intersectional. It should be emphasized that the concept of "administrative case" in independent Ukraine has not been characterized by unanimity of opinion on the origin of administrative proceedings and the introduction of normative legal circulation, as evidenced by the draft Administrative Procedure Code, the Code of Administrative Procedure: from "administrative case" to "case of administrative jurisdiction". or not highlighting this concept at all; from distinguishing the features of the proceedings in five categories of cases and eight categories or the lack of reference to the categories of administrative cases (16 types of applications and complaints). The biggest innovations in regulating the institution of administrative cases are the updated Code of Administrative Procedure of Ukraine (2017), which, in addition to the concept of "administrative case", defines the types of such cases (cases of minor complexity, standard and exemplary cases), mentions complex, urgent cases; the approach to the understanding of public law dispute in administrative proceedings has been expanded [2]. Such short stories confirm the expediency of research in the theory and science of administrative justice of the institute of administrative affairs. Administrative case - a public law dispute submitted to the administrative court (Article 4 of the Code of Administrative Procedure of Ukraine). Study object - social relations that arise in the field of theoretical and legal foundations of administrative cases in administrative proceedings. Goal of research is an administrative case in the administrative proceedings of Ukraine. Briefly put research results is a comprehensive scientific analysis of administrative cases in the administrative proceedings of Ukraine. The legal institute of administrative affairs in the field of administrative justice remains out of the attention of the scientific community and is insufficiently studied. The use of the concept of "administrative case" in the theory and practice of administrative proceedings is at the axiomatic level, but its in-depth study is not carried out. However, this institution is inherent in any process and can be considered as intersectional. The word "case" is the most commonly used in the provisions of the Code of Administrative Procedure of Ukraine and it is this codified act that enshrines the concept of administrative case through public law dispute, but in science it does not develop. However, the legislative approach to understanding the administrative case does not cover all aspects of this object, is narrow and requires new views on it in the science of administrative justice, and even in the theory of legal process. Unfortunately, the renewal of the CAS of Ukraine does not take into account the proposals of researchers on: election disputes, features of appealing regulations, consideration of cases on administrative lawsuits concerning the expulsion of foreigners and stateless persons, expanding the system of duties of judges of administrative courts; no proposals of the members of the Scientific Advisory Board at the Supreme Administrative Court regarding the areas of improvement of administrative proceedings, which were periodically expressed in scientific publications on the official website of this court; nor explanations contained in the Letters of the Supreme Administrative Court of Ukraine on the actions of the court in considering and resolving various categories of public law disputes. Legislative activity of the parliament is not active either. The Verkhovna Rada of Ukraine is considering two bills: on amendments to the Code of Administrative Procedure of Ukraine (on improving judicial mechanisms) and on amendments to the Code of Administrative Procedure of Ukraine (on introduction of the institute of preliminary request and unification of cassation proceedings), which have positive proposals and conflict of laws. Key words: administrative case, institute of administrative case, administrative proceedings. References. 1. Constitution of Ukraine of June 28 , 1996 № 254k. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80 . 2. The Code of Administrative Justice of Ukraine on July 6, 2005 r. Number 35-36, number 37. URL: https://zakon.rada.gov.ua/laws/show/2747-15#Text.