Zayac O. The administrative procedures of the case of administrative jurisdiction initiation

The dissertation is devoted to the establishment of the essence of administrative procedures of the case of administrative jurisdiction initiation, the defining of these procedures kinds, forms of recourse to the administrative court for protection as grounds of mentioned procedures initiation, identifying shortcomings in the legal regulation of mentioned administrative procedures and grounding on this basis proposals for amendments in the administrative procedural legislation.The systematization of the rights, freedoms, and lawful interests of individuals and legal entities as a subject of protection in administrative courts is made. Characteristic of an administrative legal procedure as a way to protect the rights, freedoms, legitimate interests in public-legal relations is given. The types of forms of recourse to the administrative court of first instance for the protection, their relationship, common and different features are defined. These forms of treatment are defined administrative claim and representation. Defines the types of forms of recourse to the administrative court for judicial review, defined their relationship, common and different features. Such forms of treatment are: 1) the appeal in the administrative court of appeal; 2) the appeal in the Supreme administrative court of Ukraine; 3) appeal to the Supreme Court of Ukraine; 4) the application for review of a court decision, which entered into force on newly discovered circumstances. The grounds for the appeal to the court for protection are characterized. Such grounds are classified by the following criteria: 1) the nature; 2) the legal nature of the norms of law, which established a relevant basis. The essence, the content of the forms of recourse to the administrative court for protection are defined. Central importance among these forms have a claim as a demand in court about the administration of justice. Defined administrative procedures occurring in petitions of citizens to the administrative court for protection. They are procedures of: the opening of the proceedings; the return of the statement of claim (appeal, application); abandonment of the claim without consideration; return the statement of claim (appeal) on the request of the plaintiff (the applicant); adoption of new evidence. The necessity of introducing changes into the existing administrative legislation in the direction of the regulating of additional administrative procedures, as well as the improvement of the legal terminology is grounded.