Pushkarenko Serhii, postgraduate student Department of State Studies, Law and European Integration, Institute of Public Service and Administration Odessа Polytechnic National University Human rights are an essential part of any democratic society, and their protection is crucial to ensure that individuals are free to exercise their rights and freedoms without interference from the state or any other actors. In Ukraine, the protection of human rights is primarily carried out through the administrative judiciary system, which plays a critical role in enforcing the rights and freedoms enshrined in the Constitution of Ukraine and international human rights treaties ratified by the country.
This article aims to explore the peculiarities of the protection of human rights in the administrative judiciary of Ukraine. It will examine the key principles and procedures governing the administrative judiciary system and discuss some of the challenges faced in protecting human rights in Ukraine. Additionally, this article will provide recommendations on how the Ukrainian authorities can improve the protection of human rights in the administrative judiciary.
The administrative judiciary system in Ukraine is based on the principles of independence, impartiality, and fairness [1]. These principles are enshrined in the Constitution of Ukraine and are essential for ensuring that the administrative judiciary system is effective in protecting human rights.
Independence is a fundamental principle that ensures that the administrative judiciary system is free from external influence and can make decisions based solely on the law and facts presented in the case. The independence of the administrative judiciary is guaranteed by the Constitution of Ukraine and the Law on the Judiciary and the Status of Judges, which provide for the appointment of judges on a merit-based system and the establishment of the High Council of Justice, an independent body responsible for ensuring the independence of the judiciary [2].
Impartiality is another essential principle that ensures that judges do not have any bias or prejudice when making decisions. Judges are required to be objective and impartial when examining cases and must not allow any personal or external factors to influence their decisions. To ensure impartiality, the Ukrainian Constitution and the Law on the Judiciary and the Status of Judges provide for the disqualification of judges who have a conflict of interest or who have a personal interest in the outcome of the case [3].
Fairness is also a critical principle of the administrative judiciary system in Ukraine.
It ensures that the parties to the case are treated equally and have the opportunity to present their arguments and evidence. Fairness also requires that the administrative judiciary system is accessible to all individuals, regardless of their social or economic
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status. The Ukrainian Constitution and the Law on the Judiciary and the Status of Judges provide for the right to a fair trial and the right to legal representation [4].
The administrative judiciary system in Ukraine is composed of courts of general jurisdiction and specialized administrative courts. The courts of general jurisdiction have the power to hear cases involving administrative and civil disputes, while the specialized administrative courts are responsible for hearing cases involving administrative law and disputes between individuals and state bodies [5].
The procedure for bringing a case before the administrative judiciary system in Ukraine is governed by the Code of Administrative Procedure. The Code sets out the requirements for initiating a case, the procedures for conducting the case, and the rules for appealing a decision [6].
To initiate a case in the administrative judiciary system, the plaintiff must file a complaint with the court. The complaint must contain the name of the plaintiff and the defendant, a description of the facts of the case, and the legal basis for the claim. The court will then review the complaint and determine whether it meets the formal requirements for initiating a case. If the complaint meets the requirements, the court will issue a summons to the defendant, and the case will proceed to trial [7].
During the trial, the parties will have the opportunity to present their arguments and evidence. The court will then make a decision based on the law and facts presented in the case.
Appealing a decision made by the administrative judiciary system is also possible.
The Code of Administrative Procedure provides for the right to appeal a decision to a higher court, which will review the case and issue a new decision based on the evidence presented. The appeals process is essential for ensuring that the administrative judiciary system is accountable and that individuals have access to justice [8].
Despite the existence of legal frameworks and procedures for protecting human rights in the administrative judiciary system in Ukraine, there are still significant challenges to ensuring that human rights are fully protected. These challenges include corruption, lack of transparency, and inadequate resources. Corruption is a pervasive problem in Ukraine, and the administrative judiciary system is not immune to it.
Corruption undermines the independence and impartiality of the judiciary and makes it difficult for individuals to access justice. Furthermore, corruption can lead to human rights abuses, as judges may be more likely to make decisions based on bribes or personal interests rather than the law and evidence presented in the case [9]. Lack of transparency is also a significant challenge in the administrative judiciary system in Ukraine. The lack of transparency makes it difficult for individuals to understand how decisions are made and what factors are taken into account. This lack of transparency can lead to a lack of trust in the judiciary and can discourage individuals from seeking justice through the administrative judiciary system [10].
Finally, inadequate resources are also a significant challenge in the administrative judiciary system in Ukraine. The judiciary system is underfunded, which can lead to delays in court proceedings and a lack of access to legal representation for individuals.
The lack of resources also makes it difficult for the judiciary to implement reforms and improve the protection of human rights [11].
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Recommendations for Improving the Protection of Human Rights in the Administrative Judiciary System in Ukraine
To improve the protection of human rights in the administrative judiciary system in Ukraine, several recommendations can be made. These recommendations include:
Strengthening the independence of the judiciary by ensuring that judges are appointed based on merit and establishing an independent body responsible for ensuring the independence of the judiciary.
Increasing transparency in the administrative judiciary system by making court decisions and procedures more accessible to the public and providing more information about the factors that judges take into account when making decisions.
Addressing corruption by implementing anti-corruption measures and ensuring that judges who engage in corrupt practices are held accountable.
Increasing resources for the administrative judiciary system by increasing funding and providing more training for judges and court staff.
The protection of human rights in the administrative judiciary system in Ukraine is essential for ensuring that individuals can exercise their rights and freedoms without interference from the state or other actors. The administrative judiciary system in Ukraine is based on the principles of independence, impartiality, and fairness, but there are still significant challenges to ensuring that human rights are fully protected.
Corruption, lack of transparency, and inadequate resources are all significant challenges that need to be addressed to improve the protection of human rights in the administrative judiciary system in Ukraine. By implementing the recommendations provided, the Ukrainian authorities can improve the protection of human rights in the administrative judiciary system and ensure that individuals have access to justice.
References:
1. Constitution of Ukraine, Chapter VI: The Judiciary, Article 124. Available at:
https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text 2. Law on the Judiciary and the Status of Judges of Ukraine, Article 7. Available at: https://zakon.rada.gov.ua/laws/show/1402-19#Text
3. Constitution of Ukraine, Chapter VI: The Judiciary, Article 126. Available at:
https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text 4. Constitution of Ukraine, Chapter II: Human and Citizen Rights, Freedoms and
Duties, Article 55. Available at:
https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text 5. Code of Administrative Procedure of Ukraine, Article 6. Available at:
https://zakon.rada.gov.ua/laws/show/2747-15#Text
6. Code of Administrative Procedure of Ukraine, Available at:
https://zakon.rada.gov.ua/laws/show/2747-15#Text
7. Code of Administrative Procedure of Ukraine, Article 117. Available at:
https://zakon.rada.gov.ua/laws/show/2747-15#Text
8. Code of Administrative Procedure of Ukraine, Article 172. Available at:
https://zakon.rada.gov.ua/laws/show/2747-15#Text
9. Transparency International Ukraine. (2021). Corruption in the Ukrainian Judiciary: Overview and Recommendations. Available at:
https://ti-ukraine.org/en/wp-JURISPRUDENCE
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content/uploads/sites/2/2021/02/Corruption-in-the-Ukrainian-Judiciary-Overview-and-Recommendations_ENG.pdf
10. Council of Europe. (2021). Human Rights in Ukraine: Overview of 2020.
Available at: https://www.coe.int/en/web/commissioner/-/human-rights-in-ukraine-overview-of-2020
11. European Commission. (2021). Ukraine: Commission reports on reforms and
EU support for Ukraine. Available at:
https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1741
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