Scientific and Practical Analysis of Administrative Jurisdiction in the Light of Adoption of the New Code of Administrative Procedure of Ukraine 22 Journal of Legal, Ethical and Regulatory Issues 2019

22 J. Legal Ethical & Regul. Isses 1 (2019)
Scientific and Practical Analysis of Administrative Jurisdiction in the Light of Adoption of the New Code of Administrative Procedure of Ukraine

handle is hein.journals/jnlolletl22 and id is 917 raw text is: Journal of Legal, Ethical and Regulatory Issues

SCIENTIFIC AND PRACTICAL ANALYSIS OF
ADMINISTRATIVE JURISDICTION IN THE LIGHT OF
ADOPTION OF THE NEW CODE OF
ADMINISTRATIVE PROCEDURE OF UKRAINE
Yevhen Oleksandrovych Leheza, University of Customs and Finance
Viktor Filatov, University of Customs and Finance
Volodymyr Varava, University of Customs and Finance
Vira Halunko, Odessa State University of Internal Affairs
Kartsyhin Dmytro, University of Customs and Finance
ABSTRACT
The article illustrates the results of scientific and practical analysis of the institute of
administrative jurisdiction under the new rules of administrative legal proceedings of Ukraine.
The investigation and clarification of the essence and content of the subject-matter, instance, and
territorial jurisdiction (original jurisdiction) of administrative courts of Ukraine in the light of
the adoption of the new Code of Administrative Procedure of Ukraine were carried out. In
particular, it analyzed individual cases which are subject to the jurisdiction of administrative
courts. The scope of powers of a competent court of each court branch for the consideration and
resolution of administrative cases in the first, in appellate and cassation instances is considered
and determined. The new general rules of territorial jurisdiction were studied, in particular, the
peculiarities of jurisdiction at the choice of a plaintiff at the place of residence or the location of
a defendant, exclusive jurisdiction were considered. The research was conducted taking into
account changes that were introduced into administrative procedural legislation in the context of
judicial legal reform in Ukraine.
Keywords: Administrative Jurisdiction, Administrative Procedure, Courts Rules, Subject.
INTRODUCTION
Now, Ukraine is in a difficult but necessary process of reforming all social spheres, in
particular, system improvement and qualitative transformation in the judicial field. Ratified
Association Agreement between the European Union and the European Atomic Energy
Community and their Member States (hereinafter referred to as Agreement), Ukraine undertook
a commitment towards the actual implementation of international obligations at the domestic
level, as well as the inclusion of international legal norms in the national legal system (Kravtsova
& Petrova, 2017). According to Art. 14 of the Agreement, Ukraine shall strengthen cooperation
in the field of justice, freedom and security: strengthening the judiciary, improving its efficiency,
guaranteeing its independence and impartiality, combating corruption on the basis of the
principle of respect for human rights and fundamental freedoms in order to ensure the rule of
law. Adoption of a number of legal acts, in particular, Justice Sector Reform Strategy 2015-2020,

1544-0044-22-5-412

Volume 22, Issue 5, 2019

1

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