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22 J. Legal Ethical & Regul. Isses 1 (2019)
Foreign Experience of the Organization of the Judicial Settlement of Administrative Disputes and the Current State in Ukraine

handle is hein.journals/jnlolletl22 and id is 1040 raw text is: Journal of Legal, Ethical and Regulatory Issues

FOREIGN EXPERIENCE OF THE ORGANIZATION OF
THE JUDICIAL SETTLEMENT OF ADMINISTRATIVE
DISPUTES AND THE CURRENT STATE IN UKRAINE
Oleksandr Yunin, Dnipropetrovsk State University of Internal Affairs
Yaroslav Shatkovskyi, Renart LLC
Ashot Hayrapetyan, 'Legal education and rehabilitation programs
implementation center SNCO
Inna Mishchuk, National University of Water and Environmental
Engineering
Daria Korobtsova, Kharkiv National University of Internal Affairs
ABSTRACT
The article examines the features of the practice of foreign countries in organizing
judicial settlement of administrative disputes and the current state of regulation of these issues in
accordance with Ukrainian national legislation. The essence of the concept of the administrative
dispute has been determined. The features of the legal regulation of the organization of judicial
settlement of administrative disputes by analyzing the French, German, and Anglo-Saxon
organizational forms of the functioning of administrative justice have been highlighted. The
norms of the law that regulate the settlement of administrative disputes in Germany, France,
England, and the current legislation of Ukraine have been analyzed. Based on the results of the
analysis of the current legislation of foreign countries, the features of the organization of judicial
settlement of administrative disputes in the respective states have been highlighted. The
characteristic features inherent in the German and French organizational forms of
administrative justice have been identified, and the features of the Anglo-Saxon model have been
highlighted separately.
Keywords: Administrative Justice, Administrative Courts, Administrative Case, Administrative
Disputes, Institute of Government Commissioners.
INTRODUCTION
In any legal democratic state, the high-priority task is to protect the fundamental rights,
freedoms, and legitimate interests of the individual and the citizen, including against offenses by
the executive authorities, local self-government bodies, and their officials. The settlement of
disputes of public-law nature is determined by the use of an effective and efficient mechanism of
judicial proceeding and resolution of administrative cases on the merits. Turning to the study of
the features of international practice in organizing judicial settlement of administrative disputes,
it is important to note that among the modern organizational forms of administrative justice, the
French, German, and Anglo-Saxon models are common.

1544-0044-22-6-427

Volume 22, Issue 6, 2019

1

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