The role of administrative court in ensuring human rights protection under martial law
In: Eastern journal of European studies: EJES, Band 14, Heft 2, S. 162-177
ISSN: 2068-6633
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In: Eastern journal of European studies: EJES, Band 14, Heft 2, S. 162-177
ISSN: 2068-6633
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Heft 161, S. 169-187
ISSN: 2414-990X
The article is devoted to the study of the institution of change of territorial jurisdiction (venue) in administrative cases. The relevance of the topic is determined by the absence of specialized scientific research in the theory of administrative justice, devoted to studying the peculiarities of applying extraterritorial jurisdiction and its role in ensuring access to the administrative judicial process. The purpose of the article is to investigate issues related to the possibility of changing territorial jurisdiction (venue) in administrative cases, to determine the possibilities and limitations of applying this tool in order to ensure the accessibility of administrative justice for individuals. The research is based on the systemic-structural method, which allows for a comprehensive study of the procedure and grounds for changing territorial jurisdiction (venue) in administrative cases under martial law. It also reveals the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice. The dialectical, formal-legal, analysis and synthesis methods, among others, were also applied.The scientific article examines the issue of ensuring the accessibility of administrative justice through the prism of changing the territorial jurisdiction (venue) of court cases. The author examines the concepts and types of jurisdiction of administrative cases with a focus on the legal nature of territorial jurisdiction (venue) in administrative proceedings. The article is devoted to the study of the possibility to change the territorial jurisdiction (venue) of administrative cases. The advantages and disadvantages of using this mechanism and its role in ensuring access to justice in administrative cases are determined. Based on the application of the system-structural method of research, a comprehensive study of the procedure and grounds for changing the territorial jurisdiction(venue) of administrative cases under martial law was carried out, the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice was revealed. The content of legal acts dedicated to the regulation of the procedural order and features of changing the territorial jurisdiction (venue) of cases in administrative proceedings was analyzed. The practice of applying the instrument of changing territorial jurisdiction (venue) in cases considered by administrative courts to ensure the accessibility of administrative justice during emergencies has been studied. It was concluded that the application of extraterritorial jurisdiction of administrative cases is an effective tool for ensuring the accessibility of administrative justice, a means of ensuring the constitutional right to judicial protection and preventing its restriction even in emergencies.
In: Cuestiones políticas, Band 41, Heft 77, S. 103-115
The purpose of the article was to analyze the availability of justice within the Ukrainian administrative judicial system, examining its specific features in terms of martial law and the possibilities of its improvement, due to the implementation of European standards in Ukrainian legislation. The research methods used were: monographic analysis, analysis and synthesis, systemic, generalization, forecasting, etc. It has been found that the principle of access to justice is manifested in the ability of a person to receive unimpeded judicial protection and to apply for judicial protection of one's rights. It has been emphasized that the reform of the judicial procedure in the resolution of administrative disputes requires the earlier introduction of digital technologies and Artificial Intelligence technologies. This will help to ease the burden on the court system and judges, speed up the time of hearing court cases, reduce the costs of their storage and archiving, simplify the presentation of statements and evidence in court, etc. It is concluded that the implementation of the European standards of the administrative process will lead to ensuring the appropriate degree of access to justice in Ukraine and increase public confidence in the judiciary.
In: European journal of law and public administration, Band 7, Heft 2, S. 130-136
ISSN: 2360-6754
The current stage of civilization development is characterized by fundamental transformations in almost all spheres of human existence, mainly economic, social, political, and cultural. All of them take place under a huge influence of the global information society. With the undoubted success of modern technology, which has achieved the most impressive results in the field of information technology, the philosophical community is growing a genuine and justified anxiety about the moral and ethical threats to human existence, which tend to be a result of scientific and technological development. As a result, false communication, alienation and loneliness define the moral flaws of the modern information society. In this situation, the revival of basic ethical principles and ethical bedrocks of human existence and culture becomes especially acute and necessary.