2. The principle of the rule of law reflects the provisions of Art. 8. Constitution of Ukraine,

which in Ukraine is recognized and effective rule of law, and identifies

Two main factors that determine the legal nature of administrative jus ¬

ment.

Firstly, the principle characterizes human rights orientation feature ¬ ionuvannya administrative justice, that this purely human rights instru ¬ ment, which may not have anything to do with solving the issues of ¬ impose penalties on public provision inherent function of law in public administration especially in terms of compliance subjective rights. Thus, only the application of current legislation on the administration of justice, administrative courts must consider their rights and ¬ dom citizen, that the principle of legality indicating connectedness Administra ¬ tive justice is not only the law but also the rights and freedoms of citizens.

Secondly, the principle of legality applies directly mode admin istratyvno-yustytsiynoyi activity, and in this perspective involves the following:

a) the operation and development of administrative justice must have at ¬

hack and sufficient legal basis to require legal recognition and

proper implementation;

b) a clear legal regulation is necessary procedural manner acceptable ¬

rd decision in the administrative case, entry into force and implementation;

c) persons who perform administrative and judicial functions should be strictly

comply with the substantive and procedural law, and in some cases ¬

Kach well as the requirements of natural law.

For example, in Germany, in addition to the application of legislation in the administration of justice, administrative courts must consider the rights and their hromadyanyna63 ¬ dom, that there is connectivity administrative justice is not only the law, but said rights and freedoms.

3. The principles of democracy, openness and transparency (alpha)

confirm:

- Overall social availability of this human rights instrument inde ¬

Depending on any social and biological differences of citizens;

- The objective need for public awareness of the situation

arose in connection with the rights and freedoms of citizens by the state ¬

governance;

- An opportunity for citizens to point to shortcomings acts of administration in terms

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of meeting their human rights requirements and solutions adminis ¬ tive-conflict situations;

- Make public the outcome of the most significant administrative affairs.

4. The principle of public law characterizes the nature of conditionality pravovidno ¬

son, which means Administrative Justice supported a right the proper-

hysnyy condition, that is, regarding public legal relations, which include

legal relations arising in the field of public administration.

This principle finds its expression in Section 4. 21 of the Law of Ukraine "On the Judiciary of Ukraine" dated 07.02.2002, which stipulates that local administra ¬ nistratyvni administrative courts hear cases involving pravovidno ¬ sons in public administration and local samovryaduvannya64.

5. The principle of expediency indicates a subordinate organiza ¬

tion, procedural and other components of the Institute of Administrative Justice

its general remedial purpose. In addition, such an important function adminis ¬

tive justice, as control over the legality of executive power,

also can not be divorced from advocacy. In contrast, control

is characteristic of administrative justice means responding to violations

rights and, accordingly, a tool that allows you to achieve the main goal

administrative justice - protecting the rights and freedoms of citizens.

The second group of principles - is organizational principles relating op ¬ hanizatsiynyh operational principles of administrative justice. Among them are the following.

1. The principle of territoriality. This principle means that the jurisdiction of ca ¬

remyh organizational units of administrative justice apply to certain

areas that may coincide or not coincide with the administrative and territorial ¬

their units. According to the Law of Ukraine "On the Judiciary of Ukraine" (p. 21, 25),

local and appellate administrative courts are the district, that their territorial ¬

on jurisdiction may not coincide with the boundaries of administrative

units of Ukraine, and in the districts created under Presidential Decree

Ukraine.

In our opinion, the creation of administrative justice, territorial jurisdiction, which does not coincide with the administrative-territorial units ¬ they can: a) prevent the impact of their activities on the part of local authorities and b) positively affect the fairness of the consideration warehouse ¬ are cases protection of the rights of local communities and authorities of violations by local authorities.

In addition, the creation of one administrative court on several areas or areas responding to the realities of the economic situation in the country, but not necessary to ¬ warn that the creation of the district administrative courts may complicate and in some cases even restrict exercise of the right of thunder ¬ ple to apply to these bodies . Indeed, in terms of spatial District Administrative Court will somehow remote from the subject appeals ¬ tion, and this will require additional material costs citizens.

2. The principle of autonomy and specialization. This principle points to the organ ¬

approach, the incompatibility of administrative justice with the so-called

"Active" Public Administration and a certain autonomy and specialization in

within the judicial system of Ukraine. In addition, these principles indicate, especially

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Vost personnel recruiting individuals who are called to implement administrative su ¬ trust functions.

The legal principle of autonomy and specialization is to undergo ¬ melting with the need to address issues of staffing al ¬ tive Justice. In connection with this proposed pay attention to such important circumstances: a) specialization administrative judges, who assumes the ne ¬ as external personnel feature of administrative justice and internal distribution of powers between the administrative judge is responsible ¬ ing to the areas of public administration; b) the need for proper training of judges and administrative judges gen ¬ retraining their courts or officials of government, c) the need for a legal barrier that would ensure the impossibility of any interference in the activities of administrative judges, providing appropriate for ¬ appointment procedures, release of liability is consistent organiza ¬ status, receive, legal and economic guarantee of the independence of their status, d) the need for adequate logistical, methodological, and if necessary scientific and administrative support for the judges, and e) the need to design great ¬ vovoho specific status of a person who is trained in administrative courts before being appointed administrative judge that would provide not only factual, but also the legal possibility of participation of this person in the consideration and resolution of cases, f) the need to determine the most rational approach to the formation of personnel Administrative Court; implied involvement in administrative cases as representative ¬ nicks judicial apparatus of the state, and representatives of government (especially the representation of local managerial staff), not excluding the possibility of involvement of lay judges. It should be noted that the required clear legal regulation espe-portunities status of all persons who act as justice.

3. The principle of unity and level arrangement. Administrative courts constitute the only ¬ well balanced system with the structural division of the relevant institutions instantsiyni (cassation, appeal and first instance - the Supreme Administrative ¬ ing the court of appeal and local courts, respectively).

The last group of principles - principles of administrative procedural jus ¬ ment (Principles of Administrative Procedure).

Principles of Administrative Procedure constitute the largest group of the principles of this institution and need to separate special ¬ slidzhennya. Therefore, try to isolate the most important ones (it should be recalled that such principles as democracy, transparency, rule of law, and procedures relating to administrative cases in administrative courts).

1. The principle of equality of all members of the administrative proceedings before per ¬

Kohn and administrative court. This principle indicates the presence of an equal right ¬

vovyh opportunities in administrative procedures for citizens and

for the public authorities or their officials to use all pro ¬

tsesualnymy means substantiate their claims or their respective deviation ¬

attitude.

2. The principle of guaranteeing procedural rights of the parties. This principle stipulated in ¬

ity of organizational and legal support, for example, the possibility of the use ¬

tion assistance of counsel, guidance, various evidence, the nature of which is responsible

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responsible for procedural and legal requirements, the need for a language of justice or security side translator and more. That is, by der ¬ жави party administrative proceedings must be guaranteed ¬ lyvist possible use of all procedural rights provided by the legislation, which will provide the necessary conditions for an impartial, fair and prompt ¬ nd the proceedings.

3. Principles usnosti and immediacy of the case indicate sa ¬

mostiynist hearing with an administrative court for immediate ¬

sluhovuvannyam facts probative value that are stakeholders ¬

ronamy or their representatives. It must be possible for

interference of any party in the process of adjudication.

4. The principle of objectivity and fairness of the proceedings reflects

quite complex principles of administrative justice is not only legal, but

and psychological and cultural character. Undoubtedly, the Administrative Court ¬

AJ should strictly follow the legal provisions. However, the on ¬

'Best available hearing involves full consideration objectively exist ¬

ing, procedural important factors that are not legal and prevent them

inadequate judicial subjective perception.

5. Principles of discretionary and competitiveness. Unlike administrative

jurisdictional process, where fundamental provisions for discretionary

not inherent in the power relations of "power-subordination" that accompany the ad ¬

tive jurisdiction, the initiation of proceedings in administrative ¬

ministration court is not the will of the ruling body, and the right of a citizen, which

he can use or not use.

Principle provides for discretionary approval administra ¬ nistratyvnym court settlement, but, unlike civil proceedings (civil litigation in Ukraine does not allow reconciliation spra ¬ islands related to challenge acts and omissions of public authorities or legal officers in field management), has particularly-ment in administrative proceedings.

For example, the administrative court considering the public interest may approve the settlement agreement between the parties to the administrative proceedings only partially, within the definition of damages. However, the issue of changing or canceling improper management decisions must be solved regardless of the consequences agreement of the parties recoverable amount.

Note that administrative proceedings must make a real opportunity for him to use a means of proving his innocence in the open "competition." It is necessary to take into account the factor of real opportunities that have executive authority and the citizen on presentation of evidence (meaning primarily access to standard ¬ tion management framework for greater unknown citizens because of its ramifications, and in some cases simply do not have note hromads ¬ dice).

6. Principle of connectedness discretionary administrative court requirements scar ¬

gi and complete investigation of the case (the principle otpia reiSha). This principle before ¬

envisages that the Administrative Court, without deviating from the requirements of the complainant, povy ¬

nents solve all questions posed to him. However, in some cases

administrative court can and should decide the nature of which is not

coincides with the requirements of the complainant. It singled out the conditions that cause

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opportunity for administrative court discretion while con ¬ dy complaint:

- The administrative court may depart unit requirements complaints about ensure ¬

tion of general public interest (for example, if a citizen calls

abolition of the administrative act, and during the trial will be

found that the authority which issued the act was not authorized to do so, the act may

be canceled completely);

- A departure from the requirements of the complaint must not create adverse effects

for a person who can lie in the deterioration of the legal status

complainant that existed prior to filing his complaint to the administrative court.

 

7. Principle initiative (active participation) Administrative Court in dos ¬

lidzhenni circumstances. Progress judicial administrative process in many

cases should depend on the initiative of the administrative judge's vidshu ¬

forging and obtaining evidence, the use of appropriate con ¬

roll power in relation to administrative documents and actions. Tick ​​¬

8.

9.

At the same time pay attention to the fact that the possibility of the law on specific principles of courts of individual jurisdictions in the art. 129 of the Constitution of Ukraine.