ADMINISTRATIVE JURISDICTION AND THE CODE OF ADMINISTRATIVE LEGAL PROCEEDINGS OF UKRAINE AS REVISED IN 2017: IS IT A NEW SOLUTION TO A PROBLEM OR THE OLD UNRESOLVED CHALLENGES?

Abstract

INTRODUCTION Full exercise of the right to appeal against a court decision, actions or inaction of state authorities, local self-government bodies, officials and officers (Article 55 of the Constitution of Ukraine) 1 , the right to a fair justice 2 as well as successful protection of rights, freedoms, interests provide for the obligatory consideration of actual and normative preconditions. Such preconditions function as peculiar “filters”, since they prevent the unreasonable justice, preventing the court from considering and resolving inappropriate or unjustified disputes. Although these preconditions-filters have their own nature, content and peculiarities, all of them determine the prospective of appealing to the court as well as opportunity for further protection of rights, freedoms and interests. Absence or non-conformity of one of such preconditions will make the opening of proceeding in a legal case, satisfaction of claim requirements complicated or even impossible, as well as preventing from legal proceedings in general. It is considered that the preconditions for the protection of rights, freedoms, and interests of administrative-legal relations in administrative procedure are as follows 3 4 . 1) The compliance of all actual circumstances of the administrativelegal dispute with the criteria of administrative jurisdiction;