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Title Settlement of Administrative Disputes with the Participation of a Judge: Foreign Experience and Implementation in Ukraine
Authors Andriichenko, Nadiia Serhiivna  
Lytvyn, N.
Starynskyi, Mykola Volodymyrovych  
Karpushova, E.
Kamenska, N.
ORCID http://orcid.org/0000-0002-0282-2775
http://orcid.org/0000-0003-2661-5639
Keywords Administrative Dispute
Court
Court Proceedings
Administrative Proceedings
Judicial Mediation
Type Article
Date of Issue 2021
URI https://essuir.sumdu.edu.ua/handle/123456789/83344
Publisher Allied Business Academies
License Creative Commons Attribution 4.0 International License
Citation Settlement of Administrative Disputes with the Participation of a Judge: Foreign Experience and Implementation in Ukraine / N. Horobets, N. Lytvyn, M. Starynskyi et al. // Journal of Legal, Ethical and Regulatory Issues. — 2021. — Vol. 24, Issue 1.
Abstract The authors investigated the issue of the peculiarities of the settlement of administrative disputes with the participation of a judge. The essence of the settlement of administrative disputes with the participation of a judge is revealed, in particular, through the features that allow distinguishing such a procedure among other ways of settling legal disputes. The peculiarities of legal regulation of the use of mediation, including judicial one, in foreign countries are established. It is established that among the countries in which this institute already functions today and has positive indicators, we can name France, Poland, and the USA. In Germany and Italy, on the other hand, the use of mediation in resolving legal disputes, including administrative disputes, is not seen as a court procedure but is the prerogative of the private service sector. The content of the current Ukrainian administrative procedural legislation, which regulates the settlement of administrative disputes with the participation of a judge, namely the grounds for such a court procedure, the procedure for its appointment, forms and procedures, is highlighted. According to the results of the research, the problematic aspects of the functioning of the institute of the settlement of administrative disputes with the participation of a judge in Ukraine are grouped according to the relevant criteria (legislative, organizational, informational), and possible ways to solve them are identified.
Appears in Collections: Наукові видання (ННІП)

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