Prysiazhniuk O. The concept of digitalization of administrative proceedings

The dissertation is the first comprehensive study of the digitalization of administrative proceedings in terms of defining its conceptual foundations in administrative procedural science. It has been established that the digitalization of administrative proceedings is the introduction of digital technologies into the process of judicial proceedings by administrative courts, with the help of information and communication exchange systems in order to strengthen the functional and procedural capacity of administrative courts. A unified terminology of digital direction has been chosen as the current vector of legal regulation of digitalization of administrative proceedings. Separate categories related to both the sphere of administration and administrative proceedings were analyzed and their interpretation was proposed. It is about the determination of the concepts: "electronic access", "electronic signature", "electronic identification", "electronic document management", "video conference", etc. It was revealed that the digitization of evidence in administrative proceedings covers only electronic evidence. As for other types of evidence, their essence will not change under the influence of digitalization, the form of discovery (presentation) of evidence will be subject to change. The use of electronic evidence in administrative proceedings involves the fulfillment of a number of specific requirements, namely: a) separation of electronic evidence from the physical medium on which it is stored; b) imposing an electronic digital signature on the electronic evidence, which ensures the authenticity of the electronic evidence and its correspondence to the original. Scientific ideas have been developed regarding the need to use the term "authority subject" in administrative procedural legislation when defining administrative legal personality. This is explained by the fact that if the party to the case is defined as a subject of power, then the conditions for entering into consideration of a public legal dispute must be detailed for him, that is, his legal personality must be determined. The expediency of implementing the standards of the European Union and using the practice of European states in the digitalization of administrative proceedings is argued. It was established that the current state of digitization of administrative proceedings meets European requirements in terms of: the possibility of submitting a claim electronically, participating in a court session online through the use of digital technologies, the possibility of electronic document management and submission of electronic evidence. However, in each of these opportunities there are certain technical and legal gaps that reduce the benefits of electronic justice. Therefore, in the context of borrowing European experience, the experience of the Netherlands regarding the planning of digitalization and the standardization of requirements that accompany this process will be useful for Ukraine. Amendments to the Code of Administrative Proceedings of Ukraine in terms of improving the fundamental principles of administrative proceedings for further digital transformation are proposed. The dissertation formulated other doctrinally supported proposals regarding the improvement of acts of administrative procedural legislation, which regulate the issue of the use of digital technologies during the consideration of public legal disputes.