Kravchenko K. Procedural appeal procedure in administrative proceedings

The thesis focuses on the problem of appeal procedure in administrative jurisdiction. It is emphasized that the theoretical and legal comprehension of the legal nature of the procedure for appealing in administrative proceedings in present-day conditions is carried out in two main directions: 1) comprehension of the legal nature of the procedure for appealing in administrative proceedings and specifics of its transformation in present-day conditions taking into account theoretical and legal and heuristic aspects; 2) study of the implementation of appeal proceedings in the appellate courts through the prism of theoretical and legal, branch-specific and applied sciences. It is revealed that the procedure for appeal against court decisions is determined by several factors: a) case category (cases on establishment of election results by the Central Election Commission; cases on early termination of powers of the People's Deputy of Ukraine; cases on appeals against Legal Acts, activity or inactivity of the Verkhovna Rada of Ukraine; cases on the forced return or forced expulsion of foreigners or persons without residence outside the territory of Ukraine, etc. b) the type of appellate court where the appellate proceedings are conducted in the relevant district, the Administrative Cassation Court within the Supreme Court or the Grand Chamber of the Supreme Court; c) legal foundation. Within the research the systematization of procedural conditions of appeal proceedings depending on the appellate court is carried out: appellate administrative courts in districts; Administrative Cassation Court within the Supreme Court; the Grand Chamber of the Supreme Court. The judicial practice of the appellate courts has been analyzed and the main problems of the procedural appeal procedure at the level of national administrative proceedings have been generalized. Simultaneously, the author's vision of the ways how to solve these gaps in the legislation is substantiated. It is substantiated that the mechanisms of legal regulation of the appellate appeal are rapidly changing under the influence of certain determinants, in particular: a) digitalization of society, and as a consequence - digitalization of the judicial process; b) Europeanization of national legislation; c) unification of procedural legislation; d) increasing the influence of judicial practice on the transformation of the appeal mechanism, especially under the influence of exemplary cases and the practice of the European Court of Human Rights. Proposals to improve the legal regulation of the appeal procedure by amending the relevant rules of the Code of Administrative Proceedings of Ukraine. It is proven that the development of the institute of appeal against the first instance court decisions is progressing under the influence of modern challenges and factors, and the multicentric concept on the transformation of this institute confirms that it is open to modernization under the influence of the advanced tools.