Заходи забезпечення прийняття судових рішень в адміністративному судочинстві України та їх систематизація

Abstract

PROVIDING MEASURES OF JUDICIAL DECISIONS IN UKRAINIAN ADMINISTRATIVE JUDICATURE AND THEIR SYSTEMATIZATION

A. I. BRYZGHALOVA, PhD student

National University of Life and Environmental Sciences of Ukraine

The relevance of the study consists in the fact that the scientific interests’ circle regarding the legal nature of the judgment, the legal regulation of its regular expression and consequences, and also the process of its adoption, includes the problem issue of decision-making in administrative judicature in Ukraine and the establishment and functioning of the measures of this provision. Carried out research shows a lack of scientific and theoretical elaborated the providing measures’ concept of judicial decision making process in general and in the administrative judicature, particularly, in our opinion, there is weak theoretical study of similarities and differences between concepts such as «measures» and «organizational and legal framework» of providing decisions by administrative judges, there are no clear criteria for systematization of such measures and that’s why there are no more or less perfect their systems. We also can see the relevance of these issues for both the practice of administrative justice, and for theoretical legal science.

Anchored in the current Ukraine legislation provisions that regulate the concept of judicial decisions, the requirements that they must meet, the form of such decisions and their adoption has been the subject of theoretical studies for a long time and are provided by the scholars in the various branches of law. The results of such studies had influence on improvement of legislation and the development of departmental regulations (Regulations of the Supreme Court of Ukraine and higher specialized courts of Ukraine). A narrower question, such as: judicial decision making process, implementation of their adoption, and also identification and systematization of the providing measures of making decisions by judges in administrative judicature unfortunately has fragmentary coverage.

In legal literature is stated, that judicial decision making process it is a complex system of interacting factors of objective and subjective character, including social, ideological, legal, social, psychological, personal and others. In our research we do the attempt to organize measures to provide court decisions in administrative judicature and executable analysis of legislation, legal sources and theoretical works of lawyers give the opportunity to state that such systematization also is formed considering the aforementioned factors.

We also tried to explore the system of measures to provide court decisions in Ukrainian administrative judicature and to achieve positive results, it is considered necessary to define criteria for the implementation of this systematization.

Because under this system, is generally, understood «... any set of elements, units, parts, united by common basis» or «... the order, conditioned with the correct, systematic arrangement and mutual connection of any parts», and in law and management also are added the following defining features as the presence of «... set of principles that are the basis of a specific doctrine», «... the structure, that form the unity naturally located and operating units» and that, in our view, is very important, «... set of methods, techniques, methods of implementation of something» there arise a need to clarify the common features and basic provisions to allow action to build a system to provide decisions by judges of administrative courts and to structure it.

To determine the elements of measures system to provide court decisions and to their location within the system, can also be used and other criteria. Thus, if the classification is based on binding measures to put a sign software system can be summarized as follows, divided into two groups:

1. Measures that are mandatory for execution by all subjects.

2. Providing measures of judicial decisions by judges of administrative courts.

In the end, we can conclude that:

- The legislation does not contain provisions that clearly establish measures to ensure court decisions in administrative judicature (including proceedings in Ukraine in general), as well as, rules that would regulate the application and use of the mentioned activities;

- There is no certainty of providing measures of court decisions in scientific and theoretical works of lawyers that explore administrative judicature and administrative procedure law.

Having examined the general legal principles and made a basic analysis of theoretical positions and concepts, we have attempted to define the concept of the measures of court decisions in administrative judicature, and also to establish acceptable criteria for construction of the mentioned activities and make grouping them by certain characteristic features.

We hope that our achievements will be used in lawmaking activities for the development of departmental regulations that are aimed at improving the implementation of administrative justice in scientific activity and educational process.