“PRIMARY” (LEGAL) SOURCES OF ADMINISTRATIVE PROCEEDINGS

Abstract

The article considers the issues of “primary” (legal) sources of administrative proceedings, which are mandatory for guidance in resolving public law disputes by judges of administrative courts and for the performance of procedural actions by participants in cases. The “primary” (legal) sources of administrative proceedings are proposed to be considered external forms of consolidation of generally binding rules of conduct that determine the jurisdiction and powers of administrative courts, the scope, rights and obligations of participants in the judicial process, as well as the procedure for performing procedural actions regarding the initiation and judicial resolution of public law disputes in general, and the implementation of decisions made by courts. The features of the Constitution of Ukraine, international treaties, the consent to which is binding by the Verkhovna Rada of Ukraine, the Code of Administrative Proceedings of Ukraine, as well as the laws of Ukraine “On Court Fees”, “On the Prosecutor’s Office”, “On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights”, “On Forensic Expertise”, “On Administrative Procedure” as “primary” sources of administrative proceedings are considered. Based on the results of the study, it was concluded that the “primary” (legal) sources of administrative proceedings are the relevant regulatory legal acts (their structural parts) that contain the norms of administrative judicial proceedings and are constituent elements of the legislative system of Ukraine. It is noted that “primary” sources of administrative proceedings are not characterized by “experience” in time. The norms of judicial process enshrined in them do not have retroactive effect. Administrative proceedings are carried out on the basis of procedural rules enshrined in the “primary” sources of this type of proceedings, in their version, which is valid at the time (day) of the commission of a specific procedural action, consideration and resolution of an administrative case.