Dybets N. Administrative-procedural status of subjects of administrative proceedings in the conditions of justice reform

In the dissertation on the basis of the complex and substantiated analysis of administrative-procedural norms and scientific-theoretical positions of scientists the administrative-procedural status of subjects of administrative justice in the conditions of justice reform is opened. The concept and classification of the subject of administrative proceedings is revealed. The general features of the administrative-procedural status of the subjects of administrative proceedings are determined: 1) all subjects of administrative proceedings are characterized by their own administrative-procedural legal personality; 2) procedural rights and obligations are limited and clearly provided for by the Code of Administrative Procedure of Ukraine; 3) certain characteristics of the subjects of administrative proceedings have common features; 4) the mechanism for the implementation of administrative proceedings is provided by the institution of responsibility of the subjects of administrative proceedings. The administrative procedural legal personality of the subjects of administrative proceedings is revealed as a procedurally established opportunity to become a participant in a particular court proceeding with the subsequent acquisition of rights and obligations that allow to implement them within a particular court proceeding. The content of legal personality is characterized by static legal capacity (the ability to acquire and have procedural status of the subject of administrative proceedings) and dynamic capacity (the ability of the subject of administrative proceedings to exercise procedural rights and perform procedural duties, transformed into procedural forms of their activities and solving a specific administrative case). The procedural position of the subject of power as a mandatory subject of administrative proceedings, which acts as a party to public law disputes and is the bearer of administrative procedural rights and responsibilities, as a delegated representative of the state and within the clearly established by law is obliged to promote the restoration of violated rights, freedoms and legitimate interests of persons in administrative proceedings. The characteristics of certain elements of administrative-procedural status of subjects of administrative proceedings as a special scope of procedural rights and obligations of subjects of administrative proceedings and the actual range of implementation of these procedural opportunities in disputed legal relations, depending on the legal status of subjects of administrative proceedings and their procedural interest in considering and resolving a specific administrative case. The content of procedural forms of activity of subjects of administrative proceedings in Ukraine is clarified. The main directions and tasks of justice reform that affect the organization and functioning of administrative justice in Ukraine are identified: 1) implementation of international and European standards in the field of justice; 2) increasing the transparency of the judiciary and the level of trust in society; 3) strengthening judicial integrity and independence; 4) ensuring the principle of access to justice; 5) comprehensive improvement of judicial administration. The directions of improvement of the legislation in the sphere of administrative-procedural status of the subjects of administrative justice in Ukraine are determined.