Administrative appeal: current state and development prospects

Abstract

The article is a scientific study of the current state of legal regulation of administrative appeals in Ukraine. Particular attention is paid to the problem of adopting of general legal act regulating administrative procedures. The advantages and disadvantages of administrative appeal in Ukraine are analyzed. In particular, the advantages of an administrative appeal including accessibility, efficiency, free of charge, and effectiveness. Instead, the disadvantages of administrative appeal including low efficiency, subjectivity and partiality, lack of real mechanisms for appeal in some cases.

The problem of the subject of consideration of complaints against decisions, actions or inaction of public administration bodies is considered in detail. The consideration of administrative complaints by a higher level body is the most effective, but such a body is not always available. In this case, in Western European countries, the review mechanism is usually used. The review of the complaint is carried out by the body that issued the contested administrative act. However, in order to ensure impartiality and objectivity, the official or persons who issued the contested administrative act may not participate in the consideration of such a complaint. Consideration of complaints against decisions, actions or inaction of public administration bodies by special commissions for review of complaints is not effective due to the recommendatory nature of their decisions and the optional nature of their creation.

The experience of Western European countries in the field of legal regulation of administrative appeals is analyzed and two main models of administrative appeals are singled out: obligatory and optional, each of which is endowed with both advantages and disadvantages.

According to the results of the study, it is needed to improve the current state of legal regulation through the adoption of a single act on the regulation of administrative procedures in general, and administrative appeals in particular.