Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

Анотація

The scientific article identifies the peculiarities of appealing the decisions, actions or
omissions of public administration subjects on the provision of public services at the stage of
initiation and preparation for judicial review of an administrative case. The author substantiates
the feasibility of improving the legal regulation of the procedure for holding a preliminary
hearing before the court hearing of the case. In particular, it is considered expedient to set the
terms of the preparatory meeting from the moment of receipt of the administrative claim, as
well as to determine the cases when the parties are not reconciled.
It is established that the preliminary stage of the court hearing often ends with the conclusion
of the preliminary proceedings and the appointment of the case to trial in the field of public
services. This is not against the law. However, it should be borne in mind that in accordance
with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of
preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings
are not limited to, and do not always end at, a previous court hearing. Preparation may continue
after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and
assign the case to trial after the consequences of the previous court hearing can only be made
if the judge has taken all the measures necessary to hear the case. If during a previous court
hearing in the field of public services, to which all persons involved in the case have arrived,
the issues necessary for its consideration have been resolved, then, with the written consent of
these persons, a court hearing may be initiated on the same day. In this case, the termination
order is also delivered.