PROCEDURAL FORM OF DISPUTE SETTLEMENT WITH THE PARTICIPATION OF A JUDGE IN ADMINISTRATIVE JUDICIARY
Pavlo Vovk, Head of the District Administrative Court of Kyiv, Ukraine
2022
European Political and Law Discourse
The article is devoted to defining the features of the procedural form of the dispute settlement procedure with the participation of a judge in administrative proceedings. The relationship between the dispute settlement procedure and the judicial process was established, and their common and distinctive features were clarified. The possibility of considering this procedure as an integral part of the administrative justice system is substantiated, provided the spectrum of tasks of administrative
more »
... courts is expanded and the concept of understanding the functions of the judicial system exclusively in the administration of justice is justified. Distinctive features of dispute settlement with the participation of a judge and mediation are systematized. It is proposed to consider dispute settlement with the participation of a judge as a separate court procedure with a special procedural form. The degree of formalization of the dispute settlement procedure with the participation of a judge in administrative proceedings is analyzed. Attention is focused on the expediency of recognizing such a procedure as formalized, taking into account the normative consolidation of its main principles, the presence of certain principles based on the goal of compromise settlement of public-law disputes, assigned to the competence of administrative courts and forming the general atmosphere of the procedural form of the relevant proceedings, as well as the presence of official procedural acts reflecting and fixing the results of its mandatory stages. The difference between the stages of the dispute settlement procedure with the participation of a judge and the stages of classical mediation and its varieties is established. The need for regulatory fixation of the stages of opening proceedings, preparation and consideration of a dispute, termination of proceedings is substantiated. It is concluded that the dispute settlement procedure with the participation of a judge is a separate judicial procedure that should be developed as an element of a complicated system of administrative proceedings. It has a special procedural form, which is characterized by special principles and a truncated structure, covering three stages: discovery, proceedings, preparation and consideration of the dispute, termination of proceedings.
doi:10.46340/eppd.2022.9.4.8
fatcat:m4ibeyozqrh3zopbhob7at7hza