Open AccessGrounds for reconciliation of the parties in the administrative proceedings of Ukraine
Author(s) -
V. V. Slyvka,
Maria Slyvka
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.42
Subject(s) - conciliation , political science , law , normative , legislation , constitution , administrative law , administrative court , legislature , economic justice , public administration , arbitration
The article is devoted to the study of the grounds for reconciliation of the parties in the administrative proceedings of Ukraine.
It is noted that under the grounds of reconciliation in the administrative proceedings of Ukraine it is advisable to understand a set of mandatory circumstances of the actual reality, the combined presence of which allows to resolve a public law dispute through reconciliation.
It is indicated that in the administrative proceedings of Ukraine there are three groups of grounds for reconciliation of the parties:
– normative – is a system of norms of the current legislation, which regulates various aspects of reconciliation of the parties to a public law dispute;
– actual – the implementation by the parties of a public-law dispute of actions to exercise the right to conciliation on their own initiative or on the basis of a court initiative.
– procedural – these are documents drawn up (submitted, approved, validated) by the parties to a public dispute or by a judge, enabling reconciliation, as a procedure and/or as a desired result of this procedure.
It is emphasized that in addition to the Code of Administrative Procedure of Ukraine as a normative basis for reconciliation should be considered:
1) norms of the Constitution of Ukraine;
2) acts of international law containing standards of human rights, good governance and justice.
3) special legislative acts and by-laws that contain provisions that determine the powers of public service bodies that appear as a party to a public law dispute.
It is emphasized that the procedural grounds for reconciliation in the administrative proceedings of Ukraine include:
1) a petition on the basis of which the court suspends the proceedings in the case for the period of reconciliation. The relevant petition testifies the fact that the parties of the public law dispute reached an agreement on an attempt to reconcile.
2) a statement of reconciliation;
3) a decision approving the terms of reconciliation, which takes place when there are all the conditions (absence of negative conditions), as well as factual and regulatory grounds, after which the proceedings are closed and the parties consider that they have reconciled.