SOME ISSUES OF INSTANCE JURISDICTION OF ADMINISTRATIVE COURTS

Abstract

Purpose. The purpose of the article is to determine the rules of instance jurisdiction, thelegal consequences of their violation in administrative proceedings, and to develop proposalsfor improving the current legislation of Ukraine in this area. Methods. The theoretical andmethodological basis of the research is general scientific and special methods. With the help of theuniversal dialectic method, the problems of determining the instance jurisdiction in administrativeproceedings in the procedural law and the consequences of its violation in their complexity andcontradictions were investigated, as well as ways of improving legal regulation in this area were determined. The use of the special-legal method and the method of systemic analysis, as wellas the logical-legal method, made it possible to investigate the content of individual norms ofadministrative procedural legislation related to the topic of the work, in their systemic connection.Results. It is noted that the legislator understands the type of administrative jurisdiction underthe instance jurisdiction, which determines the court authorized to consider and decide theadministrative case on the merits, from among the courts of different levels, to review the courtdecisions adopted in the administrative case in the appellate and cassation procedures. It hasbeen proven that under the current administrative procedural legislation of Ukraine, violationof the rules of instance jurisdiction entails a consequence in the form of annulment of the court'sdecision at the stages of appeal and cassation proceedings with referral of the case to the court offirst instance under the established jurisdiction for a new trial.It was concluded that in аrt. 22 of the Сode of administrative proceedings of Ukraine is notabout jurisdiction, but about jurisdiction. The need to exclude аrt. аrt. 23-24 of the Сode ofadministrative proceedings of Ukraine from paragraph 2 of chapter 2 of section I of the Сodeof administrative proceedings of Ukraine. The inexpediency of granting the Supreme Courtthe authority to consider some categories of administrative cases on the merits is indicated. Itis substantiated that the administrative cases provided for in рart 3 of аrt. 22 of the Сode ofadministrative proceedings of Ukraine, must be considered by district administrative courts ascourts of first instance.Conclusions. It is proposed to change the title of Chapter 2 of Section I to «AdministrativeJurisdiction and Jurisdiction of Administrative Matters», and the title of Paragraph 2 of Chapter2 of the Section to «Instance Jurisdiction», to provide for such a consequence of violation of therules specified in аrt. 22 of Сode of administrative proceedings, when considering a case in thecourt of first instance as a transfer of the case to another court by appropriateness, to establishthat the annulment in the appellate procedure of the court decisions that ended the considerationof the case is not allowed, if the party to the case who filed the appeal, without valid reasons, doesnot declared that the case was not subject to jurisdiction in the court of first instance.