Method of implementation and limits of judicial discretion when choosing simplified forms of proceedings in administrative justice

Abstract

The authority of the administrative court regarding the choice of forms of administrative justice is examine in the article. Particular attention is paid to the method of implementation and the limits of judicial discretion when choosing a simplified lawsuit proceeding. It is found that the court is endowed with a wide discretion to independently resolve issues related to the procedure for consideration of administrative cases, which, however, is limited by the rules of a peremptory nature. The author proves that the plaintiff’s motion is not a prerequisite for consideration of an administrative case under the rules of simplified legal proceedings, since the Code of Administrative Procedure of Ukraine provides for the possibility of consideration of an administrative case in a simplified manner, including on the initiative of the court and by its own decision. This takes into account such factors as the importance of the case for the parties, the method of defense chosen by the plaintiff, the category and complexity of the case, the amount and nature of evidence in the case, the number of participants to the case, whether the case is of significant public interest, and the parties’ opinion on the procedure for consideration of the case. It is established that the main form of consideration of an administrative case under the rules of simplified lawsuit proceeding is consideration and resolution of the case without a court hearing, i.e., on the basis of the case file alone. Instead, consideration of a case under the rules of simplified legal proceeding with summoning of the parties to a court hearing may be carried out either at the initiative of the court or at the request of a party, if the court concludes that it is expedient to consider the case in court. Thus, the scope of judicial discretion is not limited to choosing, where possible, the procedure for consideration of an administrative case between general and simplified forms of proceedings, but also extends to determining the procedural form of consideration of a case (in written proceedings or in a court hearing with the parties summoned) if a decision is made to consider it under the rules of simplified lawsuit proceeding.