«AMICUS CURIAE» IN THE ADMINISTRATIVE JUSTICE OF UKRAINE: PROBLEMS OF IMPLEMENTATION
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the study of the legal nature and grounds for participation in the administrative court proceedings of an expert on legal issues in accordance with the new edition of the provisions of the Code of Administrative Judicial Proceedings of Ukraine. It is emphasized in fact about the beginning of implementation in the field of administrative justice in Ukraine known since the Roman law institute «amicus curiae». The existing constructions of the application of this institute in the practice of the European Court of Human Rights, courts of the USA, Great Britain, Canada, Latvia and Ukraine are compared.It is concluded that the legislator gives the expert on legal issues in the administrative legal proceedings of Ukraine properties and «expert», and at the same time «a kind of lawyer» (the person providing legal assistance). However, the current provisions of Art. 112 of the Code of Administrative Proceedings of Ukraine do not fully meet the requirements for the «quality of laws» in the understanding of the practice of the European Court of Human Rights and therefore do not allow to achieve the practical goal of introducing this institution in this judicial specialization. A proposal is made to provide for the right to submit their «amicus curiae brief» on the application of the law by the administrative courts of Ukraine in disputable legal relations with relevant non-governmental organizations (to protect the common interests of their members).
Authors and Affiliations
О. В. Константий
Keywords
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