COLLEGIAL PUBLIC ADMINISTRATIVE SUBJECTS IN ADMINISTRATIVE LEGAL PROCEEDINGS AS PARTIES TO A CASE (A PLAINTIFF, A DEFENDANT, AND THE THIRD PERSON)

Abstract

The law for people has been always a certain order in society 1 which always required security and protection. Taking into account this law of social reality, it is unacceptable for society to have no efficiently justified and developed legal mechanisms to appeal against unlawful actions of a collegial public administration subject as well as their opportunity to appeal against offenders. However, these subjects could not be plaintiffs or take part in administrative proceedings in any other way during both post-soviet period of Ukrainian legal system development and before the adoption of the Constitution of Ukraine on June 28, 1996, where Article 55 provided the right to appeal to a court against decisions, acts or inaction of state authorities, self-government bodies, officials and officers, and Article 124, part 2 stipulated that court jurisdiction covered all legal relations arose in Ukraine. The period of 1997-2004 is characterized by researchers as such period, during which it was not possible to achieve the expected progress in the implementation of administrative reform 2 . Thus, during the period from 1996 to 2005, these opportunities regarding the collegial public administration subject were more illusory than real, and since 2006 to the present, the participation of these subjects in cases in administrative proceedings has been slowly tested on the basis of not yet thoroughly comprehensible issue at the level legal doctrine. Moreover, we should take into account that the model of administrative justice that is typical of the Romano-Germanic legal system, implemented within the framework of a separate organizational structure of specialized courts and relevant procedural legislation, reveals problems of efficiency in Ukraine, following from the evaluation of the prevailing dissatisfaction of