Yurevych Y. Administrative justice in Poland: formation and development

The dissertation examines the formation and development of administrative justice in Poland in the period from the 17th century. until 2003. It was revealed that the process of formation of administrative justice in Poland had an evolutionary character. The state of development of the topic, its source base and methodological base are highlighted basis Subjects and primary forms of solving public-legal disputes during the period of the Polish-Lithuanian Commonwealth. It was found that authorities and officials persons competent in the mentioned cases were decentralized and dispersed on different sabers of judicial and administrative hierarchies. The formation and functioning of the French model is analyzed of the administrative judiciary in the Warsaw Principality (1807-1815) and to the Kingdom of Poland (from 1815 to 1867). The reasons, prerequisites, and features of the formation of the system of administrative justice in the revived Poland have been studied. The highest administrative tribunal in Warsaw was the central element of the system of administrative justice in the interwar period of the Republic of Poland. It was established that the level of certainty of the legal status of judges of the Supreme Administrative Tribunal was initially low due to the unsuitability of the former legal framework and slow formation new legislation. The procedure for conducting administrative proceedings in interwar Poland is characterized. It is argued that during the socialist period of the history of Polish law, there was a regression in the development of administrative justice. The formation and activity of the Main Administrative Court of Poland is covered. Replacing the socialist system in Poland with a European course democracy in 1989 was determined by the expansion of the competence of the Chief of the administrative court and the growth of its activity regarding the consideration of cases. Based on the analyzed experience of formation and development ways and means of administrative proceedings in Poland are proposed opportunities to improve the current legislation of Ukraine. Polish the experience of administrative proceedings confirms the thesis that quality the judicial corps is achieved not by high requirements for candidates, but precisely by the proper execution of their selection. An important factor of development of administrative justice in Poland throughout history was something that is significant number of judges had not only practical, but also scientific experience. It is recommended to attribute the attraction function to the disciplinary function responsibility of judges of administrative courts to the competence of judges. It would make it possible to strengthen and guarantee the independence of the judiciary. Disciplinary boards could become competent in such cases, created by bodies of judicial self-government.