Simplified Legal Proceedings in the Administrative Proceedings of Ukraine

Oksana Shcherbanyuk ()
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Oksana Shcherbanyuk: Doctor of law, Associate Professor, Head of the Department of Procedural Law, Faculty of Law, Yuriy Fedkovych Chernivtsi National University, Chernivtsi, Ukraine

European Journal of Law and Public Administration, 2020, vol. 7, issue 2, 165-183

Abstract: This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.

Keywords: summary procedure; procedural form; legal process; administrative justice (search for similar items in EconPapers)
JEL-codes: K10 K15 K33 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:7:y:2020:i:2:p:165-183

DOI: 10.18662/eljpa/7.2/137

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