“Regional rules” for the implementation of effective administrative proceedings under martial law

Abstract

Summary: The issue of introducing "regional rules" for effective administrative proceedings under martial law conditions is under consideration. The description of the procedural aspect of the effectiveness of administrative proceedings is given. The influence of martial law on the functioning of administrative courts is considered. The influence of the "regional factor" (increasing the load on the administrative courts of neighboring regions, air alerts during the working day, difficulties with the arrival of the participants in the case to the courts in other regions) on the procedural aspect of ensuring the effectiveness of administrative proceedings is highlighted. A scientific and practical analysis of the "Recommendations for the implementation of effective administrative proceedings" is given, based on which the possibility of the existence of "regional rules" (along with the legislation on administrative proceedings) that would allow ensuring the implementation of effective administrative proceedings under martial law is considered. At the same time, it was established that these Recommendations lack new tools or recommendations for the interpretation of the relevant procedural norms, which could really ensure effective administrative proceedings or increase the effectiveness of the latter in comparison with the procedural regulation existing today. It is substantiated that such Recommendations (as a kind of "regional rules") could be useful in the administrative-procedural regulation of judicial proceedings in the administrative courts of those districts and regions where it is necessary to take into account the "regional factor" in the conditions of martial law in Ukraine. It was concluded that in the conditions of martial law there is obviously an objective need to define certain rules of procedural regulation of the order of administrative proceedings taking into account martial law ("regional rules") with the aim of introducing new mechanisms to ensure the implementation of effective administrative proceedings in administrative courts of individual regions. This should also apply to the rules of conduct of both the court and the parties in the case in event of emergency situations (air alert, mining of the court building, etc.) at the moment when the case is scheduled for trial in a court hearing.