Open AccessThe Impact of the Human Rights Convention on the Development of the Administrative Judiciary of Ukraine
Author(s) -
Vyacheslav Komarov Prof,
Tetiana Tsuvina
Publication year - 2021
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-4.1-n000054
Subject(s) - political science , administrative law , human rights , law , administrative court , economic justice , administration (probate law) , convention , state (computer science) , administration of justice , adversarial system , right to a fair trial , constitutional court , public administration , algorithm , computer science , constitution
The administration of justice on the basis of a fair trial is not an easy task, as both parties to the dispute are usually certain of their rightness, which they are trying to prove to the court. If one of these parties is a state or its bodies, the judiciary can become a dangerous tool to influence any process in society. Specific cases againstUkraine show that high-ranking officials of all periods of power did not neglect the possibility of influencing the outcome of the case, pursuing goals not related to the administration of justice. The influence of the European Convention and the case law of the European Court of Human Rights has become decisive for Ukraine in the formation of a separate procedure for the administration of justice: administrative proceedings. Some aspects of its functioning are investigated in this work, in particular, the preconditions for the differentiation of administrative proceedings in Ukraine, the problem of defining the concept of the authorities and the state as a party to the case, the implementation of the right to a fair trial in administrative proceedings, access to court and the principle of the equality of parties; oral and open administrative proceedings; adversarial proceedings and the right of the court to establish the circumstances of the administrative case.Keywords: administrative proceedings; the right to a fair trial; access to court; the principle of equality of parties; oral and open administrative proceedings; the right of the court to establish the circumstances of the administrative case.