Lototskyi M. Inadmissibility of abuse of procedural rights, as one of the basic principles of administrative justice

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.361-368

Purpose. The purpose of the work is to study the abuse of procedural rights by participants in administrative proceedings (the inadmissibility of abuse of procedural rights), if the abuse creates an obstacle in solving the tasks of administrative proceedings on fair, impartial and timely resolution of disputes in the field of public legal relations by the court in order to effectively protect the rights, freedoms and interests of individuals, the rights and interests of legal entities from violations by subjects of government authority. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. In the process of the study, it was recognized that in the legislation of Ukraine, in the process of implementing legal norms, general principles of law are applied, which are guided in their activities by judicial bodies, state authorities, local self-government bodies within the framework of their competence. In turn, individuals and legal entities that are participants in administrative proceedings have certain procedural rights and obligations, and must also exercise such rights in good faith. The Code of Administrative Procedure of Ukraine does not allow abuse of procedural rights by participants in legal proceedings and their representatives. Scientific novelty. In the process of research, it was scientifically substantiated that the administrative procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during administrative proceedings when participants in administrative proceedings abuse procedural rights by actions that contradict the task of administrative proceedings. This work offers practical advice on eliminating shortcomings in the legislation to solve the tasks of administrative proceedings in the event of abuse of procedural rights during administrative proceedings. Practical significance. The results of the study can be used in law-making activities in the further improvement of national administrative procedural legislation regarding the improvement of the institution of application of the norms of the Code of Administrative Procedure of Ukraine when considering administrative cases by administrative courts, as well as in the educational process during the teaching and study of the academic disciplines “Administrative Law”, “Administrative Process”, “Law Enforcement Activities”, etc.

Key words: analysis of judicial practice, abuse of procedural law, administrative process, administrative proceedings, prevention of abuse of law, participants in administrative proceedings, subjects of authority.

References

1. Current case law of the Supreme Court on combating the abuse of procedural rights. Resolution of the Supreme Court of 07/27/2023, case No. 910/12713/22. LIGA360. Retrieved from: https://jurliga.ligazakon.net/analitycs/225713_aktualna-sudova-praktika-verkhovnogo-sudu-shchodo-protid-zlovzhivannyu-protsesualnimi-pravami. (in Ukrainian)

 2. All-Ukrainian online seminar for judges of appellate and local courts “Abuse of procedural and substantive rights: legal consequences”, the speakers of which were judges of the Supreme Court of April 23, 2021. Retrieved from: https://supreme.court.gov.ua/supreme/pres-centr/news/1114247/ (in Ukrainian)

3. Commercial Procedure Code of Ukraine. Vidomosti Verkhovnoi Rady Ukrainy (VVR), 1992, No. 6, p. 56. Retrieved from: https://zakon.rada.gov.ua/laws/show/1798-12#Text (in Ukrainian)

4. Abuse of procedural rights in administrative proceedings. Regulatory framework of the Coordination Center for the Provision of Legal Aid. Retrieved from: http://surl.li/ptpwz  (in Ukrainian)

5. Luspenyk, D. D. (2015). Zlovzhyvannia protsesualnymy pravamy: zakonodavcha rehlamentatsiia, sposoby vyiavlennia ta shliakhy protydii [Abuse of procedural rights: legislative regulation, methods of detection and ways of counteraction]. Chasopys tsyvilnoho i kryminalnoho sudochynstva, 6, 150-171. Retrieved from: http://nbuv.gov.ua/UJRN/Chcks_2015_6_12  (in Ukrainian)

6. Ivano-Frankivsk District Administrative Court. Website “Judiciary of Ukraine”. Retrieved from: https://court.gov.ua/fair/ (in Ukrainian)

7. Code of Administrative Procedure of Ukraine: Law of Ukraine No. 2747-IV, version dated 15.11.2024. Retrieved from: https://zakon.rada.gov.ua/laws/show/2747-15#Text (in Ukrainian)

8. Convention for the Protection of Human Rights and Fundamental Freedoms: The Convention was ratified by Law No. 475/97-ВР dated 17.07.1997. Retrieved from: https://zakon.rada.gov.ua/laws/show/995_004#Text  (in Ukrainian)

9. Constitution of Ukraine: Law of Ukraine No. 254к/96-ВР dated 28.06.1996. Retrieved from: http://zakon0.rada.gov.ua/laws/show/254к/96-вр (in Ukrainian)

10. Guide to Article 5 of the European Convention on Human Rights. Decision of the ECHR, in the case “Vardanov v. Bulgaria” dated 05.10.2000. Retrieved from: https://ks.echr.coe.int/documents/d/echr-ks/guide_art_5_ukr 11. Resolution of the Cassation Administrative Court of the Supreme Court dated December 01, 2022, case No. 640/36713/21. Retrieved from: https://reyestr.court.gov.ua/Review/107631921  (in Ukrainian)

12. Resolution of the Cassation Administrative Court of the Supreme Court dated August 04, 2020, case No. 183/6913/16(2-а/183/43/17). ZAKON ONLINE. Retrieved from: https://zakononline.com.ua/court-decisions/show/90783976 (in Ukrainian)

13. ECHR decision in the case of “Mirolyubov and others v. Latvia” dated September 15, 2009. Retrieved from: https://hudoc.echr.coe.int/rus#{“itemid” (in Ukrainian)

14. Decision of the Cassation Administrative Court of the Supreme Court dated April 8, 2019, case No. 9901/167/19. ZAKON ONLINE. Retrieved from: https://zakononline.com.ua/court-decisions/show/81020317  (in Ukrainian)

15. Civil Procedure Code of Ukraine. Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2004, No. 40-41, 42, p. 492. Retrieved from: https://zakon.rada.gov.ua/laws/show/1618-15#Text (in Ukrainian)