CONTENT AND TYPES OF PROCEDURAL DISCRETION OF ADMINISTRATIVE COURT OF CASSATION OF THE SUPREME COURT: PRELIMINARY THOUGHTS

Abstract

INTRODUCTION Administrative Court of Cassation of the Supreme Court (hereinafter referred to as Administrative Court of Cassation, the Court) as well as local administrative courts and administrative courts of appeal based on the Code of Administrative Legal Proceedings of Ukraine (hereinafter referred to as the CAP of Ukraine) have the right to approve judicial decisions (court determinations, resolutions, orders) (Art. 241 of the Code of Administrative Legal Proceedings of Ukraine), that according to this Court are the most suitable for actual circumstances of the administrative case, procedural resolutions, actions, inaction of Legal Proceedings participants, provisions of procedural and substantive legislation 2 . In fact, when the judge of Administrative Court of Cassation in accordance with Art. 31 of the Code of Administrative Legal Proceedings of Ukraine receives a statement of claim, a statement, a petition, a cassation appeal, a revocation, an objection to the applications filed or petitions (Articles 160, 162, 163, 164, 166, 330, 334, 338, 344 of the CAP of Ukraine), he faces not an easy choice as to which procedural decision he should approve. The necessity to make a reasonable choice is objectively inherent in the whole process of considering and resolving an administrative case and all the procedural actions associated with it. A judge is not just before a choice, having the opportunity to choose one solution from several. The judicial decision is always preceded by the complex, judge’s continuous research activity, involving a critical evaluation of actual circumstances of the case, procedural decisions, actions, inaction of the participants in judicial procedure, the local administrative court, the administrative court of appeal, in gathering evidence, comparing them with the actual circumstances of the case and,