Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty took part in a round table on the occasion of the anniversary of the adoption of the Code of Administrative Procedure of Ukraine
On the occasion of the 15th anniversary of the adoption of the Code of Administrative Procedure of Ukraine on July 6, a round table on “Administrative Procedure of Ukraine: Status and Challenges” was organised by the Supreme Court and the German Foundation for International Legal Cooperation (IRZ).
During the two thematic sessions, judges of administrative and constitutional jurisdictions, lawyers, leading scholars, People’s Deputies of Ukraine, foreign experts, representatives of international organisations discussed a number of topical issues regarding the formation, status and improvement of administrative justice in Ukraine.
Deputy Chairman of the Constitutional Court of Ukraine, Doctor of Law Serhiy Holovaty spoke about the historical preconditions for the formation of administrative justice in Ukraine.
Referring to the judgment of the European Court of Human Rights “Kress v. France” of 7 June 2001, Serhiy Holovaty noted that the introduction and existence of administrative courts could be welcomed as one of the most notable achievements of a state based on the rule of law.
The speaker also focused on the difficulties that had to be overcome during the creation of the national system of administrative courts in Ukraine. In this context, he stressed the peculiarities of the functioning of administrative justice, in particular, such as the autonomous status of courts of this type of proceedings, the special status of their judges and the special procedure for forming their staff.
Finally, Serhiy Holovaty highlighted the importance of cooperation between the body of constitutional justice and administrative courts for the effective protection of human rights, in particular through the institution of an individual constitutional complaint.
The participants discussed the historical and legal preconditions for the introduction and formation of administrative justice in Ukraine, its tasks, Germany's experience in building its system of administrative justice, the current state and prospects of mediation in disputes in administrative courts of Ukraine, as well as the implementation of the right to judicial protection in a pandemic (quarantine).
The participants of the event also discussed ways to improve administrative justice in Ukraine. In particular, it was stressed the need to adopt a legislative act as soon as possible, which will regulate the procedure for the adoption of acts by administrative bodies.
