Administrative proceedings forms

The judicial reform carried out in our country involves a change not only in the organizational component of the judiciary, but also in internal legislative changes in the procedural forms of consideration and resolution of certain categories of court cases. Since the quality update of procedural legislation on several types of judicial proceedings, including administrative, in 2017, which introduced a number of interesting innovations, a practical and theoretical basis for their evaluation was developed. One of the main elements of any type of judicial procedure is the procedural forms within which cases subject to this form of judicial procedure are considered. The procedural form of judicial proceedings is most often considered as the order of consideration and resolution of cases established by the procedural law. The article analyzes the peculiarities of procedural forms of judicial proceedings in the administrative process, their specificity depending on the categories of court cases, the need for their improvement. As in other types of judicial proceedings, in the administrative there are cases when there is no dispute about the right, while the rights, freedoms or legal interests of the person are violated. Yes, it is worth noting the practice of the ECtHR regarding the so-called "legitimate expectations". "Legitimate expectations" arise in a person if he/she has complied with all the requirements of the law in order to obtain the relevant decision of the authorized body, and therefore he/she had every reason to believe that such a decision is valid and to count on a certain state of affairs. A mistake by an authorized body or its official is not a final reason for canceling a legal decision of an individual nature. In this case, there is no dispute about the right. In other types of judicial proceedings, for example, in civil and economic, there is a special form - injunctive proceedings for the resolution of cases, the subject of which are undisputed claims. In administrative proceedings, there is a form of written proceedings within the framework of simplified legal proceedings, which is partly similar to the form of injunctive proceedings in other types of legal proceedings, although it has its own characteristics: for example, the defendant has the right to respond to the claim. Based on this, it is considered expedient to supplement the Civil Code of Ukraine with norms regarding the form of judicial proceedings in cases in which there is no dispute about the right and there are undisputed requirements.