Features of Legal Regulation of the Involvement of Local Authorities in Administrative Justice: the Polish Experience and Proposals for Ukraine
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
This article, based on the study of the Polis4h legislation on local self-government and Administrative Justice investigated the actual conditions and the legal regulation of participation of local authorities in administrative proceedings Polish defined proposals for the feasibility of the introtheduction of positive developments in the Ukrainian legislative practice. Found that feature local government in Poland is three-level units, the regulation of which is contained in three separate laws on territorial governance. Each of the units of local self-government of the Republic of Poland endowed with legal personality, an independent, has the property has its own personality. Each of these special laws established rule under which, those statutory rights which have been violated by the decision taken by the commune /district/ province of issue in public administration after unsuccessful appeals to these bodies to eliminate violations have the right to appeal the decision administrative court. This avoids the receipt of a large number of cases to the administrative courts, the conditions to focus their attention on solving the most complex and important issues of administrative jurisdiction. Based on the reasoned opinion and the need to improve codification of administrative and procedural rules of national law and their concentration in a single legal act. Based on the analysis of the norms of the Polish administrative procedural law to determine the subject-matter jurisdiction of administrative cases involving local governments, as well as the difficulties that arise when choosing the plaintiff proper administrative court to consider the reduced category of cases proposed transfer administrative cases in which one of the parties is the official body or local government official or official of a local authority, subject to the jurisdiction of district administrative courts. The study essentially the right to appeal to the appeal court decisions taken upon consideration of the court of appeal on the judge concluded feasibility borrowing positive Polish experience in that regard. Empowering participants to the trial right of appeal decisions rendered upon consideration of the application for recusal contribute to the completeness of the right to judicial protection, strengthening trust of Administrative Justice to presiding judges and for improving the quality of justice in administrative cases. The study proposed to modernize under the call time Ukrainian procedural legislation, which regulates the participation of local government in the administrative proceedings.
Authors and Affiliations
Т. В. Ющенко
Keywords
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