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Baltic Journal of Economic Studies , ^ „ ---Vol. 10 No. 1, 2024
DOI: https://doi.org/10.30525/2256-0742/2024-10-1-136-144
DEVELOPMENT OF ADMINISTRATIVE PROCEEDINGS IN THE CONTEXT OF ECONOMIC GLOBALISATION
Maksym Korniienko1, Marat Koval2, Yurii Pavliutin3
Abstract. The subject of the study is the conceptual, theoretical, empirical and methodological foundations of the socio-economic and legal nature of the development of administrative justice in the context of economic globalisation. Methodology. The study uses general and special methods of cognition. Using the dialectical method, the authors differentiates the essence of the development of administrative justice in the context of economic globalisation on the legal and economic levels according to the relevant criteria. The analysis created the conditions for a multifaceted study of the complex of problems and prospects for the development of Ukrainian administrative justice in the context of economic globalisation from the perspective of economic and legal etymology. The synthesis created the conditions for generalising the characteristic features of administrative justice, taking into account the current trends and international legal and regulatory developments in this area. The formal legal method allowed to correctly interpret the content of international and national legal acts that define the directions for improving administrative justice in the context of economic globalisation. The purpose of the article is to identify the problems and directions of development of administrative justice in the context of economic globalization. The results of the study show that the problems of the current state of administrative justice in Ukraine are complex, and the ways to overcome them take into account various parameters that are directly or indirectly based on the principles of economic globalisation, which are primarily based on economic and legal principles. Among the areas for improvement of administrative procedures, those that primarily ensure effective protection of human rights and freedoms, in particular through the implementation of relevant international standards, occupy an important place. Conclusion. The study of the economic foundations for optimisation of administrative justice in Ukraine has made it possible to identify certain indicators which serve as socio-economic prerequisites for optimisation of administrative justice. The statistical data show that the areas of manifestation of the subject matter of administrative court proceedings are differentiated depending on the impact of economic globalisation on certain public law relations which give rise to the relevant public law disputes. The authors distinguishes between a group of public law disputes which are directly related to the phenomenon of economic globalisation, and public law disputes in which public interests of economic content are manifested. This contributes to the creation of certain, primarily legal, structures which would facilitate the optimisation of administrative proceedings in the context of economic globalisation, which has both an external, international and internal, national format. The above considerations of optimising administrative justice in the context of economic globalisation have made it possible to identify specific problems faced by Ukrainian justice, including administrative justice: 1) organisational; 2) legal support; 3) material, financial and social support of courts and judges; 4) functioning of the institution of judicial governance and self-government; 5) staffing; 6) ensuring access to justice. Among the areas of improvement of administrative justice, the following are considered in detail: implementation of the principles of the rule of law and procedural economy, introduction of digital technologies (elements of artificial intelligence), introduction of alternative forms of pre-trial and post-trial dispute resolution, optimisation of the zonal and territorial location of courts, implementation of international standards of administrative justice, and some others.
Keywords: administrative justice, rule of law, fairness, justice, economy, law, economic globalisation, digitalisation, optimisation, courts.
JEL Classification: D63, F15, H10, K41
1 Odessa State University of Internal Affairs, Ukraine (corresponding author) E-mail: oduvs2015@ukr.net ORCID: https://orcid.org/0000-0002-6420-6169
2 Judge of the Fifth Administrative Court of Appeal, Ukraine E-mail: rezident.yug@gmail.com ORCID : https://orcid.org/0009-0005-4781-6431
3 Odessa State University of Internal Affairs, Ukraine E-mail: pavlutinyuriy@gmail.com ORCID: https://orcid.org/0000-0003-3267-1389
This is an Open Access article, distributed under the terms of the Creative Commons Attribution CC BY 4.0
1. Introduction
Globalisation, as a process of integration of all spheres of human existence, is an inherent characteristic of the present, where it is worth paying attention to a number of manifestations of this phenomenon in the economic, social, cultural and legal spheres. At the same time, it is important to distinguish the economy as the content that fills such activities with life-giving force, mediated through the creation, distribution, transformation and consumption of a large number of goods of different nature and essential content. At the same time, law in this process creates an appropriate form of civilisation of a particular society within a nation, people or international community, which is governed by the rules of behaviour developed by mankind, differentiated by the subject of legal regulation -the range of relevant social relations.
The Universal Declaration of Human Rights in Article 2 proclaims the right of everyone to enjoy all the rights and freedoms set forth in the Declaration, among which, in the context of the topic of this article, the rights set forth in Articles 7 and 8 occupy a special place. The first provides for the right of all persons to equality before the law and to equal protection of the law. The second proclaims the right of everyone to an effective remedy by the competent national tribunals for violations of fundamental rights guaranteed by the constitution or by law (UDHR, 1948). According to Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, everyone is entitled to a fair trial, that is, to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, to decide in a civil action his rights and obligations in a civil matter or to determine the validity of any criminal charge against him (Council of Europe, 1950). The available considerations in this regard allow to distinguish such features of the right to a fair trial as impartiality, independence of the court, publicity, equality and reasonableness of the time limits of the relevant trial. In addition, within the scope of the substantive jurisdiction of the European Court of Human Rights, the opinion is supported that the concept of "civil rights and obligations" defined in part 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms should be extended to administrative proceedings (Denysova, Blaga, Makovii, Kaliuzhna, 2022). This connects the quantitative and qualitative characteristics of administrative proceedings as a method of resolving a public law dispute, for which quantitative characteristics are directly projected through economic indicators, in particular, the timeframe for consideration of the case and the costs of this from the state budget,
and qualitative characteristics in the content of the regulatory provisions that ensure the exercise of the right to resolve such a case on the merits.
The views of many scholars, primarily representatives of legal science, are aimed at studying the problems of administrative justice in the context of economic globalisation, which is a prerequisite for laying the foundation for the development of this branch of justice. Among the works that considered this issue in the context of justice in general, it is necessary to mention the study of the impact of globalisation on law in general and justice in particular (Haustova, 2014); works on optimisation of economic costs of relevant litigation through the introduction of alternative forms of dispute resolution (Gao, 2013; Dussan, Avellaneda, 2018); the study of the model for the location of the system of courts of general and special jurisdiction as a means of optimising the implementation of the content of justice (Teixeira, Bigotte, Repolhoa, Antunes, 2018); the development of the idea of introducing artificial intelligence as a means of increasing the effectiveness of smart justice and a way to modify its form (MA, 2022); introduction of the essence of the rule of law principle into justice as a means of full protection of human rights and freedoms and assessment of the effectiveness of the judicial system (Smokov, Horoshko, Korniienko, Medvedenko, 2022).
The following researchers have directly studied aspects of the development of administrative justice in the context of economic globalisation: M. Kravets (trends in the development of substantive and procedural administrative law in the context of globalization) (Kravets, 2021), M. Smokovych (the impact of globalisation as a socio-economic phenomenon on the form and content of administrative justice) (Smokovych, 2012), B. Pchelin (identification of the main directions of reforming the organisational support of administrative justice in modern conditions) (Pchelin, 2017), K. Yanishevska (implementation of electronic administrative justice institutions through comparative studies) (Yanishevska, 2021), A. Orlenko (determination of the prospects for reforming administrative justice in modern conditions) (Orlenko, 2023).
The analysed scientific basis for the study of the issue which is the subject of this paper does not in any way refute the relevance of further research in the field of studying the development of administrative justice in the context of economic globalisation.
2. Economic Principles of Optimisation of Administrative Proceedings
The functioning of the justice system in modern society is associated with a number of parameters that shape the effectiveness of the respective judicial system.
This also applies to administrative proceedings, since in such circumstances it is a matter of resolving public law disputes, which to a certain extent ensures a compromise in combining public and private interests, and thus guarantees the rule of law, which has a corresponding impact on all spheres of public life, especially the economy.
Economic integration or globalisation affects all spheres of human activity in the respective community, especially those sectors that are directly or indirectly related to economic processes that have an impact on the exercise of a particular public authority function. The latter include the social sphere, taxes and fees, the direct financial and budgetary component, the use of natural resources, including through the permitting procedure, etc.
The analysis of the statistics of judicial practice of Ukraine shows the following quantitative and qualitative indicators of the activity of administrative courts as the main subjects of administrative justice, which ensure the implementation of the tasks of justice in this area (Supreme Court, 2022). In 2021, compared to 2020, the average number of cases per judge of a district administrative court increased by almost 1.6 times (1031 vs. 640).
In 2021, local administrative courts received 496,153 claims and administrative cases for consideration, compared to 308,292 (37.9% more) in 2020, and considered 380,714 cases and materials against 204720 thousand (46.2% more), respectively. At the same time, in a comparative aspect, statistics for 2021 and 2020 are provided on the receipt of claims and cases by local administrative courts and their consideration in the context of differentiation of relevant public law disputes arising in the:
1) Social sphere - labour, employment, social protection and housing (received - 64% vs. 45% or 316307 vs. 139801 in absolute terms, reviewed -65% vs. 39% or 247215 vs. 80846, respectively);
2) in the tax sphere - taxes and duties (received -9% vs. 15% or 46338 vs. 45061 in absolute terms, processed - 10% vs. 17% or 36792 vs. 33897, respectively);
3) public service (received - 8% vs. 9% or 37415 vs. 28720 in absolute terms, processed - 8% vs. 10% or 29831 vs. 20692, respectively);
4) public order, national security and defence of Ukraine (received - 7% vs. 11% or 34666 vs. 33284 in absolute terms, processed - 6% vs. 13% or 24732 vs. 26196, respectively);
5) urban planning and land use (received - 3.2% vs. 5.3% or 16111 vs. 16200 in absolute terms, reviewed -3.6% vs. 6.6% or 11583 vs. 13542, respectively);
6) political (except for electoral) and civil rights (received - 2.9% vs. 4.2% or 14483 vs. 12807 in absolute terms, reviewed - 2.8% vs. 4.1% or 10783 vs. 8318, respectively);
7) economics and public financial policy (received -2.7% vs. 4.5% or 13515 vs. 13786 in absolute terms, considered - 2.7% vs. 5.2% or 10411 vs. 10746 respectively).
In 2021, the district administrative courts received 46,837 claims and administrative cases for consideration compared to 274565 (40.5% more) in 2020, and considered 356,602 cases and materials compared to 17762,000 (50.2% more), respectively. At the same time, in a comparative aspect, statistics for 2021 and 2020 on the consideration of claims and cases by district administrative courts are provided with a distinction between the relevant public law disputes arising in the:
1) Social sphere - labor, employment, social protection and housing (69% vs. 45% or 246996 vs. 80240 in absolute terms);
2) tax sphere - taxes and fees (10% vs. 19% or 36667 vs. 33641 in absolute terms);
3) public service (8% vs. 12% or 29808 vs. 20654 in absolute terms);
4) public order, national security and defence of Ukraine (1.4% vs. 2.4% or 4960 vs. 4208 in absolute terms);
5) urban development and land use (3% vs. 7% or 10817 vs. 12493 in absolute terms);
6) political (except for electoral) and civil rights (2.6% vs. 4.3% or 9256 vs. 7580 in absolute terms);
7) economy and public financial policy (2.7% vs. 5.5% or 9619 vs. 9727 in absolute terms).
At the same time, during this period, the administrative courts of appeal reviewed 62096 decisions (rulings) of local administrative courts in 2021 against 48724 (22.6% more) in 2020 and 9186 decisions against 7600 (17.3% more), respectively. At the same time, in a comparative aspect, statistics for 2021 and 2020 on the review of decisions (rulings) by administrative courts of appeal are provided with a distinction between the relevant public law disputes arising in the:
1) Social sphere - labor, employment, social protection of citizens and housing (31% vs. 24% or 19591 vs. 11730 in absolute terms);
2) tax sphere - taxes and fees (23% vs. 29% or 14289 vs. 13907 in absolute terms);
3) public service (19% vs. 11% or 11691 vs. 5441 in absolute terms);
4) public order, national security and defence of Ukraine (7% vs. 10% or 4542 vs. 4637 in absolute terms);
5) urban planning and land use (4% vs. 6% or 2638 vs. 2958 in absolute terms);
6) political (except for electoral) and civil rights (3% vs. 3.3% or 1888 vs. 1599 in absolute terms);
7) economy and public financial policy (7% vs. 10% or 4349 vs. 4989 in absolute terms).
The above figures show an undeniable increase both in the number of documents submitted to the administrative courts at each level and in the number of cases considered. The processes of economic globalisation have had a direct impact on the correlative figures for the consideration of relevant cases. For example, the increase in the proportion of social disputes is linked to the implementation of international social standards. Similar in nature to the last category of administrative cases, given the subject matter of this study, is a group of public law disputes in the field of political (excluding electoral) and civil rights. Since the processes of integration of different national cultures facilitate the exchange of best practices in the regulation of these legal relations, including through the introduction of relevant international standards, which contributes to the rationalisation of the relevant legal regulation mechanism. The sphere of public order, national security and defence of Ukraine as a subject of consideration of relevant administrative cases should also be included in this group, which is based on the defining features of world integration or globalisation: absorption of certain, primarily socio-economic, features, but ensuring the national identity of each nation within the framework of sovereign states.
The second group, in the context of the subject matter of this work, should be structured with due regard to the direct focus of such cases on the economic sphere of social life, where the relevant features of globalisation also leave their mark. The fact that such a category of cases as taxation is one of the first to be considered has a clear argumentation from the standpoint of its being considered crucial for ensuring the financial and economic security of any modern state, as well as for the functioning of various international legal institutions of a regional and universal nature. Public law disputes in the area of public service are based on the collision of private interests of persons who apply for and hold positions at this level and whose behaviour affects, among other things, the financial well-being and economic growth of society and a particular individual. The fate of public law disputes in the field of economics and public financial policy, as the leading functional activity of the state, is directly related to the financial and economic security of the respective society. The sphere of urban planning and land use is also crucial both in the public law activities of the state apparatus and in the relevant category of public law disputes, according to the analysed statistics, resulting from the activities of administrative courts of a certain level. The latter is particularly relevant in view of the content of Article 14 of the Constitution of Ukraine, which declares land to be the main national property under
special protection of the state (The Constitution of Ukraine, 1996).
Thus, the study of the economic bases for the optimisation of administrative justice in Ukraine has allowed to identify certain indicators which serve as socio-economic prerequisites for the optimisation of administrative justice. The statistical data indicate that the spheres of manifestation of the subject of administrative proceedings are differentiated depending on the impact of economic globalisation on certain public-law relations, which give rise to the corresponding public-law disputes. The authors distinguish between a group of public law disputes which are directly related to the phenomenon of economic globalisation, and public law disputes which involve public interests of economic content. This contributes to the creation of certain, primarily legal, structures which would facilitate optimisation of administrative proceedings in the context of economic globalisation, which has both an external, international, and internal, national format.
3. Optimisation of Administrative Justice in the Context of Economic Globalisation
Any process of optimisation of a particular process is covered by a number of components, which are characterised by certain considerations among scholars and practitioners in the field of law. The purpose of optimisation as a type of activity is the goal to be achieved. The purpose of the latter is obviously to improve the efficiency of the relevant function of public authorities.
From the above point of view, it is appropriate to consider that the efficiency of administrative courts includes: the purpose as its hypothetical result, the ways of its achievement and the actual result achieved (Solovyov, 2015). In addition, the goal and the actual result of the above activities are projected on the content of Article 2 of the Code of Administrative Proceedings of Ukraine (The Code of Administrative Proceedings of Ukraine, 2005), which defines the task of administrative proceedings as the fair, impartial and timely resolution by the court of disputes in the field of public law relations with the aim of effective protection of rights, freedoms and interests of individuals, rights and interests of legal entities against violations by public authorities.
In this context, it is worth exploring the parameters that ensure the measurability of the criteria for assessing the effectiveness of justice in general and administrative justice in particular. Among the most significant is the empirical material developed by the non-governmental international organisation World Justice Project (WJP), which identifies the following factors of the effectiveness of justice in a particular
country 1) in civil cases (accessibility; timeliness of case consideration; absence of discrimination, corruption and unlawful influence of public authorities; availability, effectiveness and impartiality of alternative dispute resolution); 2) in criminal cases (effectiveness of investigation and trial; effectiveness of the penitentiary system in reducing criminal behaviour; impartiality; absence of corruption and unlawful influence of public authorities; due process for defendants and respect for their rights) (Rule of Law Index, 2021). From the point of view of the subject of this study, these criteria are fully applicable to assessing the effectiveness of administrative proceedings.
An important actor in determining the parameters for assessing the effectiveness of justice in the context of economic globalisation, especially in the European area, is the Council of Europe European Commission for the efficiency of justice (CEPEJ), which was established in accordance with Resolution RES (2002)12 of the Committee of Ministers of the Council of Europe as an expert organisation designed to ensure the efficiency and independence of the functioning of justice in the Member States of the European Union, creating the preconditions for protecting the rights and freedoms of their citizens. According to the available indicators for assessing justice by this organisation, the following performance criteria should be distinguished: 1) provision of justice (compliance of the number of judges with the regulatory workload, staffing and professional support, court maintenance costs, digitalisation of courts); 2) justice-related issues (access to legal aid and alternative dispute resolution methods) 3) direct quantitative indicators of the judicial system's efficiency (percentage of cases reviewed, estimated time for resolving pending cases, speed of receipt and resolution of cases) (European judicial systems - CEPEJ Evaluation Report -2022 Evaluation cycle (2020 data), 2022).
Finally, the European Commission, as the executive body of the European Union, has developed criteria for assessing the performance of the judiciary, such as efficiency, quality and independence, which is fully covered by the content of the Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950), in particular, the aforementioned Article 6 (Management plan 2022 -Justice and Consumers, 2022).
With regard to the optimisation of Ukrainian administrative procedures from the point of view of the development of economic and other globalisation processes, the following approaches are available in the works of scientists, which in most cases are relevant to the empirical developments of the above-mentioned international organisations of nongovernmental and intergovernmental origin.
Among the trends in the development of administrative law that can be projected onto the legal regulation of administrative proceedings are: 1) adaptation of the relevant regulations of different legal systems; 2) unification of certain principles, in particular, the rule of law or justice, within the relevant national legal systems; 3) expansion of the scope and content of the subject of the relevant scientific research of the mechanism of legal regulation of these administrative and administrative procedural legal relations; 4) creation of various types of interconnections between countries of the world, primarily of a legal and socio-economic nature (Kravets, 2021). In addition, such a position calls into question the prospects for implementing the content of harmonisation of administrative and legal regulation of relevant social relations in different national legal regimes, given the different levels of development of such legal systems. In a certain sense, this view is justified given the complete harmonisation of the legal regulation mechanism within the single European space, but it is refuted by international documents of the conventional level.
The approach, according to which the development of administrative justice is based on the further implementation of the basic principles of this branch of justice, is to be welcomed, since they give it the characteristics of justice, ensure the internal unity of all elements of the administrative process, combine lawmaking and justice in administrative cases, serve as general rules of conduct and, of course, are a guide to the further development of administrative justice in any legal system (Zadorozhnaya, 2021).
In the light of the above, and taking into account the provisions of the defining international normative acts in the field of protection of human rights and freedoms, it is necessary to agree with the prevalence among the principles of administrative justice of those that unify and implement international human rights standards in the relevant national legal systems, which creates the conditions for the development of peaceful and just coexistence of people in the world community (Smokovych, 2012). It is this position that rightly prioritises the implementation of the rule of law as a defining principle of the development of fair justice, in particular the consideration and resolution of public law disputes (Haustova, 2014). Moreover, the implementation of this principle creates conditions for ensuring human rights and fundamental freedoms, preventing disproportionate interference with human rights by public authorities, and introducing jurisprudence that reveals the content of legal regulations as a source of law (Smokov, Horoshko, Korniienko, Medvedenko, 2022).
In this context, the Strategy for the Development of the Judiciary and Constitutional Justice for 2021-2023, approved by the Decree of the President
of Ukraine of June 11, 2021, No. 231/2021 (The Decree of the President of Ukraine "On the Strategy for Reforming the Judiciary, Judicial Proceedings and Constitutional Justice for 2021-2023", 2021), deserves attention. The following groups of problems in this area that need to be addressed are identified within the content of this regulatory document: 1) organisational (optimisation of the system of local courts and relevant staffing); 2) legal support (streamlining the work of the High Qualification Commission of Judges of Ukraine, creating an effective mechanism for reviewing court decisions and forming a unified court practice); 3) material, financial and social support of courts and judges; 4) functioning of the institution of judicial governance and self-government; 5) staffing (competitive selection of candidates for the position of judge, observance of the culture of integrity and prevention of corruption, implementation of the procedure for bringing judges to disciplinary responsibility); 6) ensuring access to justice (various obstacles, low level of public trust in the judiciary, imperfect prosecution and bar systems, improper enforcement of court decisions, ineffective mechanisms of judicial control and enforcement of court decisions, insufficient implementation of digital technologies, procedural shortcomings (excessive length of time for consideration of cases, regularity of court proceedings, excessive collegiality in consideration of cases of the relevant category), lack of proper communication policy in courts).
Among the promising areas for the implementation of the basic principles of administrative justice, it is appropriate to highlight the principle of procedural economy, which is directly related to such principles as the rule of law, judicial truth, adversarialism, dispositivity, legality, etc., which are designed to ensure the establishment of the essence of accessibility and fairness as the defining categories of this type of justice (Yesimov, Borovikova, 2023). This approach underlines the correctness of classifying most of the measures formulated in the Strategy for the Development of the Judicial System and Constitutional Justice for 2021-2023 as measures ensuring access to justice. In particular, using the example of the introduction of elements of digitalisation (digital technologies) into administrative proceedings, it is necessary to agree that in such conditions the principle of procedural economy is ensured simultaneously with the creation of conditions for access to justice and fairness of decisions made within it.
Focusing on the introduction of digital technologies in various spheres of life, including justice, it is worth paying attention to the opinions of other researchers, not of a legal nature, who, along with the main manifestations of the above-mentioned
achievements of information technology in the activities of a particular organisation (saving relevant resources, optimising certain processes and the production cycle, shaping the organisation's image, and so forth), also highlight additional benefits, such as: the rapid growth of data and innovation, the introduction of artificial intelligence technologies, which directly contributes to the efficiency, productivity and cost minimisation of the relevant area of activity of such an organisation (Schwab, 2016). This is particularly important in the area of exercising the powers of the judiciary in the form of justice, which combines both the factor of budgetary savings and the essence of ensuring that the state performs the relevant function with a view to creating an effective mechanism for protecting human rights and freedoms in public law relations, where the state, by virtue of its public law nature, has certain means of domination. Based on the results of the study of the experience of the leading countries of the world with the introduction of digital technologies in this area, it is proposed to expand the level of integration of information tools within the framework of administrative justice in Ukraine, which would ensure not only the ability of the participants of the process to submit evidence in the appropriate form, to use an electronic digital signature, to submit procedural documents in electronic form and to perform other procedural actions, but also to implement other functional capabilities of justice both in formal and substantive terms, in particular through the introduction of elements of artificial intelligence (Yanishevska, 2021).
The continuation of such a direction of optimisation of administrative justice as its digitalisation is the introduction of elements of artificial intelligence in the relevant procedures of this type of justice, where the advantage of this digital tool is positioned only as a formal procedure or part of the real procedure (MA, 2022). This is due to the presence of certain risks in terms of absolute objectivity and accuracy of the judicial decision made in the above-mentioned circumstances. In this regard, it is reasonable to conclude that it is proposed to create such mechanisms and rules for making court decisions in relevant cases that could ensure the development of an appropriate algorithm that would minimise the occurrence and development of risks of the above nature as much as possible. Such steps should serve to introduce advanced achievements of technology and engineering into the field of positive development of justice in order to realise openness and fairness of the relevant proceedings.
From the point of view of the prospects of judicial reform in Ukraine, it is valuable to note that an important element of the development of administrative justice is the creation of a balanced
mechanism of functional cooperation between judicial and law enforcement bodies, the formation of a reliable instrument for guaranteeing the rights of participants in the process at all stages from the filing of a petition to the review of the relevant court decision within a certain procedural form, the unification of court practice to overcome legal gaps and conflicts, and ensuring the enforcement of court decisions and assignment to the judicial system of public institutions (Kogut, 2020).
According to the results of the comparative study of aspects of the development of administrative proceedings, which is the subject of this study, measures are proposed to introduce elements of alternative forms of settlement of public law disputes within the framework of pre-trial proceedings (Pchelin, 2017), further development of a mixed-instance model of administrative proceedings (the presence of specialised administrative courts at the level of the first two instances and the integration of the third instance into the activities of the highest judicial authority), implementation of international standards of administrative justice (in the form of adaptation of legislation, primarily on administrative procedure, to the legislation of the European Union, alignment of national legislation with international legal acts, introduction of international experience in the field of legislation and law enforcement in the field of administrative justice). The above causes the corresponding reform of the judicial system in general, first of all, through the expansion of the sources of court financing, the development of further digitalisation of the judiciary and the improvement of the procedure for the selection and appointment of judges, as well as relevant changes in the field of administrative justice, in particular, through the creation of conditions for the accessibility of this type of justice through the reduction of the amount of court fees and the unification of judicial practice as a result of the consideration of homogeneous public legal disputes (Orlenko, 2023).
Undoubtedly, such a point of view has the right to exist, supplemented by the above considerations regarding an integrated approach to the implementation of the principles of administrative justice, in particular in the context of ensuring access to administrative justice, and the transformation of the latter in view of the problems faced by Ukrainian justice in view of the content of the Strategy for the Development of the Judiciary, Judicial Procedure and Constitutional Justice for 2021-2023.
Alternative approaches that completely simplify and replace the classical judicial procedures for dispute resolution, including public law disputes, are alternative approaches that can also take place in administrative jurisdiction (Gao, 2013). The alternative forms of dispute resolution available in world
practice, both in pre-trial settlement and in court mediation, are reflected in the respective alternative formalised procedures, which are limited to the participation of authorised judicial officials (Dussan, Avellaneda, 2018). At the same time, an alternative form of dispute resolution to the classical judicial one is partly opposed to the not always effective activity of state bodies authorised to perform the judicial function. It is mediated by the involvement of informal actors, public agents, the so-called suitably qualified persons, who are endowed with the ability to resolve differences between participants in the relevant social relations, in this case of a public law nature.
An equally important criterion for optimising administrative procedures is the issue of modelling the location of courts in terms of zonal and territorial location of courts, including administrative jurisdiction (Teixeira, Bigotte, Repolhoa, Antunes, 2018). At the same time, this approach makes it possible to increase the efficiency and specialisation of the judicial system, as well as to ensure a high level of its accessibility to citizens, in particular through better (fair) and faster adoption of relevant court decisions in a case.
The above-mentioned considerations on the optimisation of administrative justice in the context of economic globalisation made it possible to identify the specific problems of the Ukrainian judiciary, including administrative justice: 1) organisational nature; 2) legal support; 3) material, financial and social support of courts and judges; 4) functioning of the institution of judicial management and self-government; 5) staffing; 6) ensuring access to justice.
The ways to optimise administrative justice are based on the available analytical materials of international non-governmental and governmental organisations, including: accessibility; timeliness of case consideration; absence of discrimination, corruption and unlawful influence of public authorities; accessibility, efficiency and impartiality of alternative dispute resolution; compliance of the number of judges with the regulatory workload; staffing and professional support; court maintenance costs, digitalisation of courts; quality; independence.
The authors support the position that, in the light of globalisation processes, the following trends in the development of legal support for administrative justice can be distinguished: 1) adaptation of the relevant regulatory provisions of different legal regimes; 2) unification of certain principles, in particular, the rule of law or justice, within the respective national legal regimes; 3) expansion of the scope and content of the subject matter of relevant scientific research on the mechanism of legal regulation of these administrative and administrative procedural legal relations; 4) creation
of various kinds of interconnections between countries of the world, primarily of a legal and socio-economic nature.
4. Conclusions
Globalisation as a process of integration of all spheres of human existence is an inherent attribute of the present, and it is worth paying attention to a number of manifestations of this phenomenon in the economic, social, cultural and legal spheres.
The study of the economic foundations of the optimisation of administrative justice in Ukraine allowed to identify certain indicators which serve as socio-economic prerequisites for the optimisation of administrative justice. The statistical data indicate that the spheres of manifestation of the subject of administrative proceedings are differentiated depending on the impact of economic globalisation on certain public-law relations, which give rise to the corresponding public-law disputes. The authors distinguish between a group of public law disputes which are directly related to the phenomenon of economic globalisation, and public law disputes which involve public interests of economic content. This contributes to the creation of certain, primarily legal, structures which would facilitate optimisation of administrative proceedings in the context of economic globalisation, which has both an external, international, and internal, national format.
The above considerations on optimisation of administrative justice in the context of economic globalisation allowed to identify specific problems faced by Ukrainian justice, including administrative justice: 1) organisational nature; 2) legal support; 3) material, financial, social support of courts and judges; 4) functioning of the institution of judicial governance and self-government; 5) staffing; 6) ensuring access to justice. Ensuring access to justice due to such factors as the existence of obstacles of various origins, low level of public trust in the judiciary, imperfection of the system of public prosecution and defence, improper execution
References:
of court decisions, inefficiency of mechanisms of judicial control and execution of court decisions, insufficient level of implementation of digital technologies, procedural shortcomings (excessive length of consideration of cases, regularity of court proceedings, excessive collegiality in consideration of cases of the corresponding category), lack of proper communication policy in courts.
The ways to optimize administrative justice are based on the available analytical materials of international non-governmental and governmental organizations, including: accessibility; timeliness of case consideration; absence of discrimination, corruption and unlawful influence of state authorities; accessibility, efficiency and impartiality of alternative dispute resolution; compliance of the number of judges with the regulatory workload; staffing and professional support; court maintenance costs, digitalization of courts; quality; independence.
The authors support the position that the following trends can be distinguished in the development of legal support for administrative justice in the light of globalisation processes: 1) adaptation of the relevant regulatory provisions of different legal regimes; 2) unification of certain principles, in particular, the rule of law or justice, within the respective national legal regimes; 3) expansion of the scope and content of the subject matter of relevant scientific research on the mechanism of legal regulation of these administrative and administrative procedural legal relations; 4) creation of various kinds of interconnections between countries of the world, primarily of a legal and socio-economic nature.
Among the areas of improvement of the administrative justice system, the authors consider in detail the following: implementation of the principles of the rule of law and procedural economy, introduction of digital technologies (elements of artificial intelligence), introduction of alternative forms of pre-trial and post-trial dispute resolution, optimisation of the zonal and territorial location of courts, implementation of international standards of administrative justice, and some others.
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Received on: 30th ofJanuary, 2024 Accepted on: 07 th of March, 2024 Published on: 05th of April, 2024
