Наукові видання (ННІП)
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Item Administrative and Legal Status of District Administrative Courts in the Administrative Justice System(Allied Academies, 2021) Yunin, O.; Nikolaichuk, S.; Brusakova, O.; Колеснікова, Марія Вікторівна; Колесникова, Мария Викторовна; Kolesnikova, Mariia ViktorivnaThe article is devoted to the study of features and structural elements of the administrative and legal status of district administrative courts in the administrative justice system in Ukraine. The historical aspects of creating a system of courts authorized to implement administrative proceedings, in particular, to establish district administrative courts, are highlighted, and the relevant legal framework is identified as a legal basis for the formation of modern administrative justice. The content of the provisions of the current legislation of administrative proceedings, which enshrine the basic principles of the legal status of district administrative courts as part of the modern system of specialized administrative courts in Ukraine, is clarified. As a result of the analysis of the provisions of the current Ukrainian legislation on administrative proceedings, the categories of administrative cases have been determined, the consideration of which by the legislator is attributed to the exclusive competence of district administrative courts. It is proposed to define the administrative and legal status of the district administrative court as a complex legal and theoretical construction, which is represented by a set of elements, including tasks and principles of activity; the place of the district administrative court in the system of administrative courts; quantitative composition of judges; legal bases of activity; competence to consider administrative cases; types of court decisions made by the district administrative court. Perspective directions of increase of efficiency of administration of justice by specialized administrative courts in the context of reforming of the administrative justice system are established.Item Judicial Practice as a Pre-Condition for Preventing Contradictory Judicial Decisions(Allied Business Academies, 2020) Колеснікова, Марія Вікторівна; Колесникова, Мария Викторовна; Kolesnikova, Mariia Viktorivna; Кисельова, Олена Іванівна; Киселева, Елена Ивановна; Kyselova, Olena Ivanivna; Vasylchenko, O.; Svyrydova, L.; Kibets, D.The article is devoted to the study of the judicial practice essence as a pre-condition for preventing contradictory judicial decisions. It is made the analysis of recent publications and researches on the specifics of judicial practice, classification of judicial practices, advantages and risks of the judicial practice existence as a source of law. It is released the features of the judicial practice use in the activity of the European Union Court, the European Court of Human Rights, noted at the same time the feasibility of a systematic updating of the judicial practices, which is associated with the society development, the change of the legal regulation of social relations. It is noted that States that have ratified the Convention for the protection of human rights and fundamental freedoms have undertaken to use the practice of the European Court of Human Rights as a judicial practice. It is established that one of the potential innovations of the judicial reform of Ukraine is the introduction of the Institute of exemplary decisions to reduce the burden on judges, ensure the unity of law-enforcement practice, rapid and uniform solution of similar cases, which also indicates the possible use of judicial practice in Ukraine. It is noted that the primary questions that require answers are still determining the subject authorized to create judicial practices, establishing the legal bases for the existence of judicial practice, since ignoring these aspects will lead to the fact that judicial practice as a source of law negatively affect the quality of justice, will slow down the development of the state as democratic and legal.