Legal mechanism of observance with procedural terms in celerant cases in administrative proceedings of Ukraine

Issue: № 12/2, 2021


Introduction. Observance with both general and reduced (celerant) procedural terms is a significant problem in the national judicial system, and in the system of administrative justice in particular. The practice of considering administrative cases beyond the established term is extremely common, which violates the right to a fair and timely trial. Some special attention to the issues of terms of consideration of administrative cases was paid by M. Arakelian, Ya. Bernaziuk, P. Huivan, O. Nehara, L. Tatsii and others. However, the study of the mechanism for ensuring of observance with procedural terms for the consideration of celerant administrative cases is still little studied and requires further research. Purpose. Analysis of the degree of observance by administrative courts of Ukraine with procedural terms during the consideration of simplified (celerant) administrative cases, identification of key problems in observance with procedural terms and proposals for improving the mechanism of observance with such procedural terms. Results. Peculiarities of procedural terms in the celerant model of administrative case consideration are studied. The key reasons for the systematic violation of procedural deadlines by administrative courts are analyzed. Certain ways to solve the problem of compliance with the problem of non-compliance with administrative courts procedural terms in celerant administrative cases are proposed. Conclusion. According to the author, the ways to solve of problem of non-observance with procedural terms are to solve the issue of “staff shortage” of the judicial system of Ukraine, increase the responsibility of judges for violating procedural terms, introduce the concept of priority cases, which expire and introduce an effective way to schedule meetings in such cases. In addition, there is a need to further develop the issue of optimizing the procedure of celerant cases in order to bring them to the standard “one case – one meeting”.

Keywords : simplified proceedings, celerant cases, simplified suit proceeding, administrative proceedings, violation of procedural terms, priority cases, responsibility of judges


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