Andriyko O. F. Judicial reform in Ukraine and the development of administrative justice
The article deals with topical issues of judicial reform and further development of administrative justice in Ukraine. Attention is focused on the place and role of administrative courts in the judicial system and the issue of professional and competent corps of judges.
Emphasized the necessity of monitoring of foreign practices of formation and development of administrative justice and analyzing of personal experience because needs of the society are observed more often in judicial practice.
In considering of the question of the place of administrative justice in the judicial system analyzed various approaches of scientists and practical workers about the system of administrative courts. Thus it is thought that in Ukraine should be unified three-tier system, which is headed by the Supreme Court of Ukraine as single cassation instance in all spheres of justice.
Supporters different perspective, emphasizing the important role of administrative courts in the development of democratic principles assert that the existence of an autonomous system of administrative courts with the Supreme Administrative Court is balanced model of administrative justice, which corresponds to the best traditions of legal democracy.
Considered models of forming administrative justice system and the practice of their existence in the European countries. It is noted that the existence of an autonomous system of administrative courts in the judicial system is an important element of ensuring supremacy of law.
In the majority of the European countries there are independent systems, led by the Supreme Administrative Court (the Authority may have another name, but its essence does not change). Such approach is justified as a whole, taking into account the tasks of administrative courts – the protection of rights, freedoms and interests of citizens against arbitrary decisions, acts or omissions of public authorities, the nature of public law relations in which there is a dispute. Therefore, the existence of an autonomous system of administrative courts in the judicial system is an important element of ensuring supremacy of law. Special attention in the process of judicial reform should be given to ensuring impossibility of corruption that is disruptive factor in building a democratic society.
Effectiveness of administrative courts, mentioned in the article, is characterized not only by the presence of objective factors – the presence of an appropriate regulatory framework, formed the organizational structure of administrative courts, categories of administrative cases and more. Great importance have factors that are subjective – the formation of corps of professional judges and their profound knowledge not only in the sphere of implementation of administrative proceedings, but also in the sphere of public law relationships where arises the public dispute, integrity, responsibility, communication culture directed to strengthening of respect for court.
One of the directions comprehensive reform of the judicial system in the Strategy of the Judiciary in Ukraine of 2015–2020 involves raising of the level of professional judges. In particular, it is a necessity to acknowledge National School of Judges as the only institution of judicial education in Ukraine and the exercise of special preparation for a judicial position and increasing of duration of specialized training program for the candidates to 18 months. Such approach to judicial training is an important step in reforming the judiciary and in particular the administrative proceedings.
From the personality of the individual judge his qualification and understanding of their role depends the public confidence for the administrative court.
In order to guarantee complete and effective protection of human rights in a particular state administrative judge must not only to consider the cases carefully and critically, but also to take into account the standards formed by the European Court of Human Rights and to assess possible non-constitutional threats.
Changes to the legislation, overcoming corruption, proper theory and practice of improving of administrative procedures, resolve personnel issues will contribute to the effective implementation of administrative courts its main task – to protect the rights, freedoms and interests of individuals.
Key words: judicial reform, administrative proceedings, administrative courts, administrative and legal dispute, the subject of power.
