IMPROVEMENT OF THE PROCESSUAL FORM OF JUDICIAL PROCEEDINGS FOR PROTECTING THE RIGHTS OF THE PARTICIPANTS

Abstract

At present in Ukraine the attempts to transform the processual form of administrative proceedings remain unsuccessful, namely participants' rights in the trial. Changing the priorities in the legal provision of the status of the persons involved in consideration of a court case is one of the main tasks of developing a democratic method of justice.

The aim of the work: To establish the possible to ways to increase the level of efficiency of ensuring the rights of participants in administrative proceedings in Ukraine by transforming the processual form; to define a unified approach to the formation of a processual form of administrative proceedings, corresponding to the principles of humanism and democracy, to offer specific recommendations for reforming the mechanism for protecting the rights of participants in judicial proceedings in Ukraine.

Material and Methods: General and specific methods have been used for the study: the system analysis, the dialectical, the formal-logical, the structural-functional and empirical methods.

Results:  Emphasis in the study has been placed on geographical distribution of amendments of administrative proceedings in judicials. The most important principles all over the world are the integrity of political decision-making at each self-governmental tier and territorial effectiveness of internalization of external effects, in particular the way hierarchy can be disaggregated. The study revealed low level of ensuring the participants' rights in administrative proceedings, due to the legal gaps in the processual form. The reformed procedure for the consideration of public law disputes had a positive effect on the frequency of individuals' applications for the protection of their rights in court, which is confirmed by the data of judicial statistics for the period from 2016 to 2020. During 2018-2020 the number of applications from persons endowed with various statuses of administrative guardianship has been increased. The trend towards an increase in the role of administrative proceedings in the mechanism of protecting human rights from decisions and actions of subjects, endowed with public authority continued in 2020. Thus, the conditions associated with the COVID-19 pandemic did not become decisive, and the role of the changes affected the processual legislation should be further considered.

Conclusions: The results of the study might be useful for legislators and subjects taking part in the consideration of public law disputes amid actualization of the trends of justice democratization and humanization.