Tasks of administrative justice in Ukraine: a substantive analysis

The article provides a substantive analysis of the tasks of administrative court proceedings in Ukraine. The author focuses on the fact that the main category of cases considered by administrative courts is ‘person versus state’ cases. It is argued that it is advisable to distinguish three components in the task of administrative justice: 1) fair, impartial and timely resolution by the court of disputes in the field of public law relations; 2) the purpose of dispute resolution is effective protection of the rights, freedoms and interests of individuals, as well as the rights and interests of legal entities; 3) the main factor which necessitates the said protection is violations by public authorities. The publication emphasises that in each specific case of a public law dispute between a private person and a public authority, the administrative court must analyse the decision, action or inaction in terms of its compliance with certain criteria. These criteria are listed in Article 2 of the Code of Administrative Procedure of Ukraine. With regard to one of these criteria – the purpose of the use of powers – it is concluded that this is a broader and more comprehensive category than powers and has an external focus. It shows not only the characteristics of decisions, actions or inaction of the subject of authority, but also the vector of use of these powers. Attention is paid to the analysis of a person's right to participate in the decision-making process. The exercise of this right in practice demonstrates the respect of the State (represented by the subject of power) for an individual, and, finally, the State's awareness of the primary role of individuals in the creation of the State itself and its institutions.

administrative proceedings, the Code of Administrative Procedure, subject of authority, tasks of administrative proceedings, validity of a decision