Kurko O. Procedure for consideration of competence disputes in administrative proceedings

The content and essence of the organizational and legal principles of resolving competence disputes in administrative proceedings have been defined, revealed, specified and revised in this Thesis, as well as the directions of their optimization have been outlined. The peculiarities of the scientific and legal discourse of competence disputes in administrative proceedings have been disclosed. It has been summarized that the competence dispute as the category of the administrative procedural law of Ukraine by its name introduces disputed relations between the representatives of the public administration in the sphere of their performance of functions of a public-law nature and concerns removing obstacles to the exercise of their competence, but in fact it is a legal situation of a conflict nature (absence of contentious law relationship – the presence of legal conflicts and gaps in the legislation), the occurrence of which is caused by a number of factors of objective and subjective direction; the fairness of the decision is limited to clarifying the legislative provisions with a view to their proper application. The judicial procedure of consideration and resolution of competence disputes by administrative courts of the first, second and third instances has been characterized. It has been revealed that the main problem of competence disputes in the administrative court of Ukraine lies in the subjective perception of the court of the scope of the dispute and free interpretation of their essence. The results of a comparative analysis of judicial resolution of competence disputes within constitutional and administrative judicial proceedings by foreign States have been highlighted, as well as ways of optimizing domestic judicial settlement of such disputes have been identified. It has been proposed (similar to the experience of Germany) to grant the Supreme Court of Ukraine the exclusive right to litigate a competence dispute, the basis of which, in addition to the provisions on the existence of legal collisions and gaps in the legislation, which grant subjects of power with controversial or identical powers, should be interpreted as follows: «Gross violation by the subject of power (persons authorized to perform certain public functions) of their obligations in the field of management, which led to the violation of the legally established procedure for exercising the competence of the public administration representative».