Stafiichuk K. Cassation proceedings in administrative process of Ukraine

In the dissertation, the complex theoretical generalization is carried out and the decision of important scientific is offered concerning cassation proceedings in administrative proceedings of Ukraine. It is determined that cassation proceedings in administrative proceedings are an optional stage of the administrative process, which consists in reviewing decisions by the Supreme Court, as well as individual decisions of the court of first instance after appellate review, as well as decisions or some decisions of the appellate court in whole or in part. substantive law or violation of procedural law in cases established by law. Substantiated that the restriction of the right to cassation appeal against a court decision is expressed through procedural cassation filters, which are implemented in the procedural law, primarily due to the existence of grounds for cassation appeal. It is concluded that the preconditions for the probable opening of cassation proceedings in the case are: the presence of legal positions of the Supreme Court and form of administrative proceedings. It is proposed to define a cassation appeal in administrative proceedings as a written appeal of a party to the case or other persons who did not participate in the case, if the court decided on their rights, freedoms, interests and (or) responsibilities, appealed to the court of cassation in order to review court decisions that have entered into force in cases provided by procedural law. It is determined that the powers of the court of cassation are aimed at reviewing the cassation appeal within the limits established by law. Founded that the prosperity and decisive influence on the decision of the case necessitates the formation of a unified law enforcement practice in the state. This is facilitated by the institute of legal positions and conclusions of the Supreme Court. Argued that the courts of first and appellate instances should indicate not only the rules of law to be applied, but also the relevant practice of the Supreme Court in relation to them. It is proposed to amend the CAP of Ukraine to supplement the mandatory elements of the motivating part of the decision of the court of first instance, as well as the decision of the appellate court. Theoretical provisions, proposals, conclusions and practical recommendations formulated in the dissertation can be used in the research field, in legislative work. The results of the study are important theoretical basis for the application of administrative law by courts.