Reshota V. Application of Sources of Administrative Law in Judicial Proceedings of Ukraine

The dissertation on the doctrinal level solves the scientific problem of the theory of administrative law, which consists in the application of sources of administrative law in the legal proceedings of Ukraine. The categorical apparatus of sources of administrative law in Ukraine was investigated, their features were revealed, their classification was carried out, functions of sources of administrative law and features of judicial application of sources of administrative law of Ukraine were analyzed. A model of a system of sources applied by courts in administrative legal proceedings and in adjudication of cases of administrative offenses is developed. This model includes the basic sources of law (normative acts and international treaties of Ukraine), derivative sources of law (decisions and conclusions of the Constitutional Court of Ukraine, the practice of the European Court of Human Rights, conclusions on the application of the norms of administrative law, set forth in the Supreme Court rulings, model decisions of the Supreme Court in administrative cases, court decisions on the recognition of unlawful and ineffective legal acts or their provisions), as well as sources of convincing character (individual acts, the administrative treaties, judicial practice, the legal doctrine, «soft law» and other optional regulators of administrative legal relations). On the basis of the analysis of the problems of judicial application of sources of administrative law some amendments and additions to the legislation were proposed for their solution.