Rule of law in the context of judicial reform as a direction of ensuring the accessibility of administrative proceedings
Abstract
The objective of the study is to analyze the rule of law in the context of the implementation of reforms of the judiciary, the judiciary, and related legal institutions as a direction to ensure the accessibility of administrative justice in Ukraine, revealing its relationship and interdependence. The study found that the availability of administrative procedures is provided by the requirements of all these generic subsystems of the principles that determine modern standards of activity in European countries. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions. During the research, scientific cognition methods were used: terminological, logical-semantic, functional, system-structural, logical-normative, comparative. They highlight in the conclusions that the study found that the amendments to the Constitution of Ukraine in the context of judicial reform made it possible to revise the classical principles of the judiciary, but there are still important unresolved aspects to ensure full compliance with the rule of law, its specification in the constitutional provisions and legislative acts of Ukraine of substantive and procedural content, among other aspects.
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References
IVANENKO, Tetiana. 2020. “Availability of administrative proceedings as an element of the rule of law” in: Law and society. No. 6–2. Ch. 1, pp. 160- 164.
KARVATSKA, Svitlana; BLIKHAR, Mariia; HURALENKO, Nataliia. 2021. “Evolutionary trends in the interpretation of the European Court of Human Rights under the European Convention on Human Rights” In: Cuestiones Políticas. Vol. 39, No. 68, pp. 88-102. Available online. In: https://doi.org/10.46398/cuestpol.3968.04. Date of consultation: 12/03/2021.
LEHEZA, Yevhen; FILIPENKO, Tatiana; SOKOLENKO, Olha; DARAHAN, Valerii; KUCHERENKO, Oleksii. 2020. “Ensuring human rights in ukraine: problematic issues and ways of their solution in the social and legal sphere” In: Cuestiones Políticas. Vol. 37, No. 64, pp 123-136. Available online. In: DOI: https://doi.org/10.46398/cuestpol.3764.10. Date of consultation: 12/12/2020.
LEHEZA, Yevhen; SAVIELIEVA, Maryna; DZHAFAROVA, Olena. 2018. “Structural and legal analysis of scientific activity regulation in developed countries” In: Baltic Journal of Economic Studies. Vol. 4, No. 3, pp. 147- 157.
PUKHTETSKA, Аlla. 2010. “The principle of the rule of law: modern European doctrines as a guide for reforming national legislation” In: Bulletin of the National Academy of Sciences of Ukraine. Vol. 3. pp. 33-43.
PUKHTETSKA, Аlla. 2009. “European principles of administrative law and their implementation in the legislation of Ukraine” For the degree of Cand. jurid. Science. Institute of State and Law. V.M. Koretsky NAS of Ukraine. Kyiv, Ukraine.
TYLCHYK, Vyacheslav; TYLCHYK, Olha. 2021. “Guarantees of legality of public administration activity: from concept to practical implementation” In: Baltic Journal of Economic Studies. Vol. 7, No. 1 (March), pp. 134-138. Available online. In: https://doi.org/10.30525/2256-0742/2021-7-1- 134–138. Date of consultation: 12/02/2021.
TYLCHYK, Vyacheslav; LESCHYNSKY, Viktor. 2021. “Public and Legal Relations as a Sphere of Judicial Protection of Violated Rights, Freedoms, and Interests” In: Baltic Journal of Economic Studies. Vol. 7, No. 2, pp. 17–21. Available online. In: https://doi.org/10.30525/2256- 0742/2021-7-2-219-223. Date of consultation: 12/02/2021.
UNITED NATIONS SECURITY COUNCIL. 2004. “The Rule of Law and Transitional Justice in Conflict and Post Conflict Societies” In. Report of the Secretary General, August 23, pp. 4-6.
VERKHOVNA RADA OF UKRAINE. 2016. On the judiciary and the status of judges. Information of the Verkhovna Rada of Ukraine No. 31. Art. 545. Kyiv, Ukraine.
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