Administrative proceedings within the legal system of Ukraine: an examination of their division into conflict and non-conflict

Abstract

The article examines the administrative proceedings within the legal system of Ukraine, focusing on their classification into conflict and non-conflict proceedings. The author, Mykola Mikheiev, analyzes recent developments in Ukrainian administrative law and compares them with practices in EU countries.

The study begins by highlighting Ukraine’s candidacy for EU membership in 2022 and the subsequent need for legal system reforms to align with EU standards. It then delves into the concept of administrative proceedings, which are divided into jurisdictional (conflict) and non- jurisdictional (non-conflict) types.

Conflict administrative proceedings involve cases of administrative offenses and are conducted by state bodies, including courts. Non-conflict proceedings, on the other hand, relate to the implementation of citizens’ rights and duties by state and non-state bodies.

The article discusses the adoption of the Law “On Administrative Procedure” in Ukraine, which came into force on December 15, 2023. This law aims to balance citizens’ interests with state obligations and brings Ukraine closer to EU standards in administrative procedures.

A significant focus is placed on the role of electronic governance in modernizing administrative proceedings. The author notes that Ukraine is transitioning to a new form of public authority organization, with e-governance playing a crucial role in providing public services efficiently.

The study also examines the application of the Law “On Administrative Procedure” to digital public services, ensuring that the same procedural standards apply regardless of the service delivery method. This includes the development of electronic complaint mechanisms, which are currently in their initial stages in Ukraine.

Comparative analysis with EU countries reveals diverse approaches to administrative proceedings. For instance, countries like France, Denmark, and Belgium do not have separate procedures for administrative offenses, treating them within the criminal sphere.

The author concludes by advocating for the adoption of international best practices in Ukrainian administrative law. This includes expanding the subjects of administrative offense proceedings to include legal entities and adapting the institution of administrative liability to modern requirements.

Overall, the article provides a comprehensive overview of the current state and future directions of administrative proceedings in Ukraine, emphasizing the need for alignment with EU standards while maintaining national specifics.