ADMINISTRATIVE-JURISDICTIONAL PROCEDURE: CONCEPT, STRUCTURE AND RELATIONSHIP WITH OTHER TYPES OF ADMINISTRATIVE PROCEDURES

Abstract

The article offers a theoretical and conceptual analysis of the administrative-jurisdictional procedure as an autonomous type of administrative procedure. It is emphasised that, despite the adoption of the unified Law of Ukraine “On Administrative Procedure”, a substantial body of procedural regulation remains dispersed across numerous special acts. This complicates the formation of a coherent doctrine of administrative jurisdiction and creates risks for the effective protection of individual rights in out-of-court proceedings. It is demonstrated that, in a context of conflict-ridden public-law relations, a significant share of disputes and offences is resolved precisely within the framework of the administrative-jurisdictional procedure. On the basis of an analysis of the etymology of the category of “jurisdiction”, the cross-sectoral nature of its use in Ukrainian law, and comparative-legal approaches developed in Germany, France and Poland, a functional understanding of jurisdiction is proposed as state-authoritative activity of a competent body aimed at resolving a legal conflict through the application of legal norms and the adoption of an individual binding act. The article identifies the core features of administrative-jurisdictional activity: the presence of an administrative-law conflict whose resolution is linked to the exercise of public powers; performance of this activity by a specially authorised body; procedural mediation through administrative-jurisdictional proceedings; the predominantly out-of-court nature of jurisdiction; adversarial procedure; and the adoption of an individual jurisdictional act as the outcome. The dual character of administrative jurisdiction is substantiated: it combines law-applying and law-enforcement components, thereby performing the regulatory and protective functions of law. The author’s definition of the administrative-jurisdictional procedure is justified as a legally established order of activity of executive authorities and other authorised public bodies aimed at resolving an administrative-law conflict and adopting an individual jurisdictional act in a form prescribed by law. A structural model of the administrative-jurisdictional procedure is proposed in the form of the system “procedure – proceedings – stages – steps”, with a universal four-stage cycle (institution of the case and investigation; consideration and adoption of the act; appeal; enforcement of the act). The administrative-jurisdictional procedure is compared with norm-making and regulatory administrative procedures according to the criteria of purpose, outcome and nature of legal relations, which allows its autonomy within the system of administrative procedures to be substantiated. The article generalises the approach to understanding the subjects of administrative jurisdiction and their competence, and identifies the structural elements of competence (teleological, functional, territorial, procedural and organisational) that ensure the procedural implementation of administrative-jurisdictional activity. It is concluded that there is a need for further development of a unified general procedural standard for administrative proceedings, laid down in the Law of Ukraine “On Administrative Procedure”, in particular as regards the specification of requirements for administrative-jurisdictional proceedings and guarantees of the protection of individual rights.