DIRECTIONS FOR IMPROVING LEGAL SECURITY OF CASSATIONAL APPEAL IN ADMINISTRATIVE JUDICIAL PROCEEDINGS

Abstract

The article provides a comprehensive analysis of the legal support for cassation appeals in the administrative justice of Ukraine, taking into account the constitutional principles, provisions of the Code of Administrative Justice of Ukraine, and the practice of the Supreme Court and the European Court of Human Rights. The legal nature of cassation review as an exceptional means of judicial protection is investigated, its role in ensuring the unity of judicial practice and the correct application of legal norms is substantiated. Special attention is paid to the introduction of cassation filters, the institute of cases of minor complexity, and special grounds for the admission of a cassation appeal, determined after the changes in procedural legislation in 2020. The correlation of these restrictions with the right of access to court and the standards of fair trial formulated in the practice of the ECHR is analyzed. The main problems of the current regulation are identified, in particular, the use of evaluative concepts in the criteria for the admission of cassation appeals and the presence of legislative inconsistencies regarding the cassation appeal of individual court decisions. Based on the analysis, directions for improving the legal support of cassation appeals are proposed, which consist in specifying the legislative criteria for the admissibility of cassation appeals, eliminating conflicts in the norms of procedural law and strengthening the predictability of judicial practice. It is substantiated that the further development of cassation proceedings should occur through optimization, rather than the abolition of procedural filters, in order to achieve a balance between the efficiency of judicial proceedings and proper protection of the rights of participants in the administrative process