THE IMPORTANCE OF CONDUCTING A HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF THE ADMINISTRATIVE JUSTICE SYSTEM IN UKRAINE

Abstract

The article provides a comprehensive historical and legal analysis of the formation and development of the administrative justice system in Ukraine in the context of the transformation of public authority and the formation of a legal state. It is shown that the origins of administrative justice in Ukrainian lands are associated with the legal traditions of the Austro-Hungarian Empire and the Russian Empire, however, the institutionalization of specialized administrative courts became possible only after the declaration of independence of Ukraine.Particular attention is paid to the role of the Constitution of Ukraine of 1996, the adoption of the Code of Administrative Justice of Ukraine of 2005 and the judicial reform of 2016–2017, which ensured the regulatory integrity, organizational independence and functional efficiency of administrative courts. Based on the analysis of the provisions of the Constitution of Ukraine, the Law “On the Judiciary and the Status of Judges” and the CAS of Ukraine, the understanding of the administrative court as a special subject of public law, endowed with specific competence in the field of consideration of public-law disputes and the exercise of judicial control over public administration, is substantiated. It is established that the historical and legal analysis of the system of administrative justice in Ukraine requires taking into account the conceptual principles that influenced the formation of the normative model of administrative justice, as well as doctrinal approaches to understanding the legal status of the administrative court as a subject of law. The doctrinal approaches of Ukrainian scholars (V.B. Averyanov, V.I. Shyshkin, I.B. Koliushka, R.O. Kuybidy, T.O. Kolomoyets, V.M. Bevzenko, M.I. Smokovich, O.E. Mishchenko, etc.), which became the theoretical basis for the institutionalization of administrative justice, are summarized. It is concluded that the historical and legal evolution of administrative justice in Ukraine is characterized by consistent institutionalization, expansion of guarantees of court independence, development of procedural forms and approximation to European standards of human rights protection, which is of particular importance in the context of European integration processes and modern challenges to public administration.