The Change of the Court’s Case Territorial Jurisdiction (Venue) – a Tool for Ensuring the Accessibility of Administrative Justice

Abstract

The article is devoted to the study of the institution of change of territorial jurisdiction (venue) in administrative cases. The relevance of the topic is determined by the absence of specialized scientific research in the theory of administrative justice, devoted to studying the peculiarities of applying extraterritorial jurisdiction and its role in ensuring access to the administrative judicial process. The purpose of the article is to investigate issues related to the possibility of changing territorial jurisdiction (venue) in administrative cases, to determine the possibilities and limitations of applying this tool in order to ensure the accessibility of administrative justice for individuals. The research is based on the systemic-structural method, which allows for a comprehensive study of the procedure and grounds for changing territorial jurisdiction (venue) in administrative cases under martial law. It also reveals the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice. The dialectical, formal-legal, analysis and synthesis methods, among others, were also applied.The scientific article examines the issue of ensuring the accessibility of administrative justice through the prism of changing the territorial jurisdiction (venue) of court cases. The author examines the concepts and types of jurisdiction of administrative cases with a focus on the legal nature of territorial jurisdiction (venue) in administrative proceedings. The article is devoted to the study of the possibility to change the territorial jurisdiction (venue) of administrative cases. The advantages and disadvantages of using this mechanism and its role in ensuring access to justice in administrative cases are determined. Based on the application of the system-structural method of research, a comprehensive study of the procedure and grounds for changing the territorial jurisdiction(venue) of administrative cases under martial law was carried out, the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice was revealed. The content of legal acts dedicated to the regulation of the procedural order and features of changing the territorial jurisdiction (venue) of cases in administrative proceedings was analyzed. The practice of applying the instrument of changing territorial jurisdiction (venue) in cases considered by administrative courts to ensure the accessibility of administrative justice during emergencies has been studied. It was concluded that the application of extraterritorial jurisdiction of administrative cases is an effective tool for ensuring the accessibility of administrative justice, a means of ensuring the constitutional right to judicial protection and preventing its restriction even in emergencies.