The Composition of the Court in Administrative Legal Proceedings

According to the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The European court of human rights explains that the phrase «established by law» covers not only the legal basis for the very existence of a «tribunal» but also the composition of the bench in each case. Many scientists have been studying the content of the concept «bench», the rules of law by which the required number of judges is determined in view of specific category of court case. Among them are the following scientists: O. Banchuk, V. Bryntsev, I. Koliushko, R. Kuybida, S. Nechiporuk, S. Overchuk, O. Pasenyuk, Y. Pedko, V. Sawicki etc. Also such researchers as V. Zaderako, I. Reshetnikova, Y. Tai and others paid attention in their scientific work to the problem of enforcement ot the requirement of judges’s impartiality. In this article the author is going to study the problem of imperfection of the prescriptions of Code of the Administrative legal proceedings and research difficulties which arise in their application by coutrs. It is proposed to understand the concept «bench in administrative legal proceedings» as
individual judge or panel of judges, who was automatically selected by computerized system of circulation of documents of the administrative court for the purpose of consideration of the case. According to law administrative cases can be considered by an individual judge or by a panel of judges. Within the analysis of judicial practice the author drew attention to the official opinion of supreme court of the State about criteria which the competent bench should correspond to. The author pays significant attention to imperfection of current legislation and to the problems of its application by coutrs. As a result it is noticed that there is no case law integrity during consideration petitions for сhallenge а judge due to lack of interpretation of some rules of law which contain the estimated terms. To avoid this problem legislator should amend the appropriate prescriptions of Code of the Administrative legal proceedings.