Issue: № 4, 2026
Doi: https://doi.org/10.37634/efp.2026.4.13
The paper examines the jurisdictional and substantive limits of consideration of administrative offence cases by administrative courts in Ukraine. The study is based on the coexistence of two procedural models within which the same local general court may act, on the one hand, as a body of primary jurisdiction under Article 221 of the Code of Ukraine on Administrative Offences and, on the other hand, as an administrative court reviewing decisions of public authorities under Article 286 of the Code of Administrative Proceedings of Ukraine. It is argued that these models differ in their legal nature and procedural purpose. Particular attention is paid to cases challenging resolutions on administrative liability issued by public administration bodies. The paper substantiates that judicial review in such disputes cannot be reduced to formal verification of competence and procedure. Taking into account the criteria set forth in Article 2 of the Code of Administrative Proceedings of Ukraine, as well as the requirements of Articles 251 and 280 of the Code of Ukraine on Administrative Offences, the author proves that an administrative court must assess whether the authority established relevant factual circumstances, properly identified the elements of the offence, relied on admissible and sufficient evidence, correctly classified the act, and imposed a proportionate sanction. The paper further demonstrates that the subject-matter limits of administrative jurisdiction in this category of cases cover not only the external legality of the administrative act but also its substantive justification. Such an approach follows from the nature of the right to a fair trial, from the compensatory and guarantee-oriented function of judicial control, and from scholarly positions and case law. It is concluded that further research is needed to clarify the scope of evidentiary reassessment by administrative courts and to improve the doctrinal consistency of the current Ukrainian model.
Keywords : Code of Ukraine on Administrative Offences, administrative tort law, administrative offences, administrative liability, public administration bodies, legal liability, judicial process, qualification issues, mechanism of legal regulation, foreign experience
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