Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.41 N° 77
Abril
Junio
2023
Recibido el 31/01/23 Aceptado el 23/03/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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M. C
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Asis ten tes Ad mi nis tra ti vos
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Vol. 41, Nº 77 (2023), 103-115
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Access to Justice within Administrative
Proceedings of Ukraine: Modern Realities
and European Experience
DOI: https://doi.org/10.46398/cuestpol.4177.07
Oleksandr Krupchan *
Olena Salmanova **
Nataliia Makarenko ***
Aurika Paskar ****
Vitalii Yatskovyna *****
Abstract
The purpose of the article was to analyze the availability of
justice within the Ukrainian administrative judicial system,
examining its specic features in terms of martial law and the
possibilities of its improvement, due to the implementation
of European standards in Ukrainian legislation. The research
methods used were: monographic analysis, analysis and synthesis, systemic,
generalization, forecasting, etc. It has been found that the principle of access
to justice is manifested in the ability of a person to receive unimpeded
judicial protection and to apply for judicial protection of one’s rights. It
has been emphasized that the reform of the judicial procedure in the
resolution of administrative disputes requires the earlier introduction of
digital technologies and Articial Intelligence technologies. This will help
to ease the burden on the court system and judges, speed up the time of
hearing court cases, reduce the costs of their storage and archiving, simplify
the presentation of statements and evidence in court, etc. It is concluded
that the implementation of the European standards of the administrative
process will lead to ensuring the appropriate degree of access to justice in
Ukraine and increase public condence in the judiciary.
* D.Sc (Law), Professor, Department of Directorate, Academician F.H. Burchak Scientic and Research
Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine,
Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-3701-5658
** D.Sc (Law), Professor, Honored Worker of Education of Ukraine, head of the department of
administrative law and process of Kharkiv National University of Internal Aairs, Kharkiv, Ukraine.
ORCID ID: https://orcid.org/0000-0002-6376-1160
*** PhD in Law, Associate professor, Assistant professor of Civil and Economic Law Department, Donetsk
State University of Internal Aairs, Kryvyi Rih, Ukraine. ORCID ID: https://orcid.org/0000-0001-
7772-0047
**** PhD in Law, Associate Professor of the Department of Procedural Law Yuriy Fedkovych Chernivtsi
National University, Chernivtsi, Ukraine. ORCID ID: https://orcid.org/0000-0002-0765-1143
***** PhD in Law, Dean of the Faculty of Training of Specialists for Pretrial Investigation Bodies, Odesa
State University of Internal Aairs, Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0003-2535-
3913
104
Oleksandr Krupchan, Olena Salmanova, Nataliia Makarenko, Aurika Paskar y Vitalii Yatskovyna
Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
Keywords: right to a fair trial; access to justice; administrative justice;
information technologies; international standards of justice.
Acceso a la justicia dentro de los procedimientos
administrativos de Ucrania: realidades modernas y
experiencia europea
Resumen
El propósito del artículo fue analizar la disponibilidad de justicia
dentro del sistema judicial administrativo ucraniano, examinando sus
características especícas en términos de la ley marcial y las posibilidades
de su mejora, debido a la implementación de las normas europeas en la
legislación de Ucrania. Los métodos de investigación usados fueron: análisis
monográco, análisis y síntesis, sistémico, generalización, previsión, etc.
Se ha comprobado que el principio de acceso a la justicia se maniesta
en la capacidad de la persona para recibir tutela judicial sin trabas y para
solicitar judicialmente protegiendo los propios derechos. Se ha enfatizado
que la reforma del procedimiento judicial en la resolución de conictos
administrativos requiere la introducción más temprana de tecnologías
digitales y tecnologías de Inteligencia Articial. Esto ayudará a aliviar la
carga del sistema judicial y los jueces, acelerar el tiempo de audiencia de
los casos judiciales, reducir los costos de su almacenamiento y archivo,
simplicar la presentación de declaraciones y pruebas ante el tribunal, etc.
Se ha llegado a la conclusión de que la aplicación de las normas europeas
del proceso administrativo conducirá a garantizar el grado adecuado de
acceso a la justicia en Ucrania y aumentar la conanza pública en el poder
judicial.
Palabras clave: derecho a un juicio justo; acceso a la justicia; justicia
administrativa; tecnologías de la información;
estándares internacionales de justicia.
Introduction
The right to a trial is fundamental in a legal and democratic country. The
manifestation of this right is the guaranteed opportunity for each person
to apply to the court for the protection of own rights and interests. The
rule of law will be meaningless without access to justice for any person.
Administrative judicial system is an important component of access to
justice. It covers a wide range of issues related to the possibility of a person
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Vol. 41 Nº 77 (2023): 103-115
appealing decisions made by state authorities in general and subjects of
authoritative power in particular.
Access to justice according to the Constitution of Ukraine and the Law of
Ukraine “On the Judiciary of Ukraine” is ensured by the court system and
the provision that the jurisdiction of the courts extends to all legal relations
that arise in the state. The state’s duty to provide a person with real and not
formal access to court is also enshrined in the judgements of the European
Court of Human Rights.
Access to justice involves: a) provision of legal assistance to anyone who
applies to the court for the protection of the rights; b) the acceptable cost
of applying to court for the applicant; c) reasonable terms for consideration
of the application; d) clarity of legal provisions, which should not create
uncertainty and thus, hinder access to court. Therefore, it is necessary
to adhere to such principles of judicial proceedings as the right to a trial,
legality and legal certainty, when carrying out administrative proceedings
in Ukraine. The practical implementation of these principles in terms of
war is dicult and poses a challenge to the entire legal system.
Protection and defense of the rights of individuals and legal entities in
the eld of public and legal relations from violations by state authorities
requires the construction of an eective mechanism for fair, impartial
and timely hearing of administrative cases. Therefore, the development of
democracy in Ukraine is inextricably related to the constant improvement
and reform of administrative justice, as well as fair consideration and
resolution of public and legal disputes.
Reforming the judicial system is not possible without solving the issue
of access to justice, which is basic for a rule of law state and focused on
the development of democracy and civil society. It is currently important
to implement an eective system of ensuring access to justice as one of
the basic rights and as a fundamental guarantee of the rule of law. The
dissatisfaction of a large part of Ukrainian society with the incompleteness
of the judicial reform is a prerequisite for this. It is about the long term
of hearing court cases, signicant court costs while hearing administrative
and other disputes, etc.
Therefore, there is an undeniable need for a pragmatic and scientic
approach to reforms aimed at making the right of access to justice as a
reality not only in peacetime, but also in the period of war and post-war
reconstruction of the country. Therefore, the purpose of the article is to
analyze the accessibility of justice within administrative judicial system of
Ukraine, its specic features in terms of the martial law, as well as to study
the perspectives of improving access to the court due to the implementation
of the European standards of access to justice within administrative justice of
Ukraine and harmonization of domestic legislation with the norms of EU law.
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Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
1. Methodology of the study
The authors of the study used dialectical and general scientic, special
methods of scientic cognition. Thus, due to the method of monographic
analysis, a range of problematic issues related to the improvement of access
to administrative justice of Ukraine in terms of war and the implementation
of European standards of access to justice within administrative judicial
system have been claried. The method of analysis and synthesis made it
possible to generalize information regarding the understanding of content
of the concept of “accessibility of administrative justice” and to form the
authors’ vision of its essence.
At the same time, the authors of the article have studied those legal
instruments for the administration of justice, which can help to increase the
level of access to justice and to strengthen legality in general. The elements
of the mechanism of legal regulation in the eld of access to justice, which
are able to improve access to justice in terms of the martial law, have
been critically studied due to the method of theoretical generalization.
Systemic method made it possible to conduct a study of access to justice as
a comprehensive system of principles, which consists of certain elements.
The application of the forecasting method contributed to the study of
tendencies in improving access to administrative justice in case of increased
use of modern information technologies and Articial Intelligence. The
method of generalization made it possible to draw conclusions based on the
conducted research.
2. Results and Discussion
2.1. The concept, essence and problems of ensuring the
principle of access to justice in Ukraine
As one knows, the right to trial and the right of access to justice are
enshrined in the Articles 6 and 13 of the European Convention on Human
Rights, which guarantee the right to a fair trial and an eective remedy
(ECHR, 1950). These rights are also recorded in the Art. 2 (3) and 14 of
the International Covenant on Civil and Political Rights (ICCPR, 1966)
and in the Articles 8 and 10 of the Universal Declaration of Human Rights
(UNDHR, 1948). Interpretation of the Art. 6 (1) of the ECHR provides that
everyone, who had no opportunity to le a lawsuit to the court, which has
jurisdiction to hear all issues of the fact and law relevant to the dispute, may
refer to the lack of access to a court.
Thus, the right to a trial occupies one of the main places in the system
of fundamental values of any democratic society, and its component is
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the right to access to court. Based on the content of the provisions of the
normative acts listed above, the content of the right to a trial reects its
main elements, namely: eective access to court, the right to a fair trial and
timely resolution of disputes, the right to adequate compensation, as well
as the general application of the principles of eciency and eectiveness in
administration of justice.
We note that most of analyzed scientic sources understand the concept
of access to justice as the ability of a person to obtain legal protection without
hindrance, as well as access to independent and impartial resolution of
disputes according to the established procedure on the basis of the rule of
law principle (Matat et al., 2017). Access to justice implies a real ability of
a person to address the court for consideration and resolution of the case
and to receive legal protection without obstacles. The right of access to
justice should also ensure the possibility of realizing these rights without
any restrictions, obstacles or complications, but with strict adherence to the
norms and spirit of the law (Deborah, 2001).
The issue of improving access to administrative justice in Ukraine
requires the solution of the following problems: the use of online justice in
administrative courts and the implementation of the principles of legality
and legal certainty as fundamental values of the judicial process.
Given the active development of information technologies and Articial
Intelligence, improvement of the access to administrative justice requires
the active use of online and digital technologies. These technologies have
positively proved themselves in many countries when they are used in
public governance and in the administration of justice. They facilitated to
automate the process of decision-making and assistance in their adoption.
And their active use in the commercial sphere contributed to the quick and
economical online resolution of disputes.
Judges have repeatedly emphasized that the existing dispute resolution
system is time-consuming, expensive and overly formalized; it does not
meet the requirements of the online community (Griths, 2017). We
should also add that nancial and time costs of court proceedings are often
disproportionate to the value of disputes. Hence, there are refusals of some
people to protect their rights. It does not contribute to the implementation
of the principle of access to justice, but on the contrary – pushes away from
the legal way of solving the problem.
The main problems of ensuring access to administrative proceedings
are: imperfect substantive and territorial jurisdiction of administrative
courts; high court fee rate; provision of low-quality primary and secondary
legal aid; non-compliance with deadlines in administrative proceedings;
complexity of court cases and their signicant number; excessive load on
courts, etc.
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Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
We believe that these problems can be solved due to the implementation
of modern digital technologies while implementing administrative
proceedings. However, the specied technologies must be based on a
rational and fair approach and take into account the socio-legal state of
development of society and the categories of cases that can be solved with
their help. For example, it is obvious that not all people will be able to take
advantage of digital technologies, considering their age, nancial situation,
access to the Internet, understanding of the specics of court proceedings,
etc.
Therefore, it is necessary to introduce modern technologies into
administrative proceedings gradually with the simultaneous implementation
of informational and educational activities regarding the features and
advantages of electronic proceedings. It is also not necessary to impose the
latest procedures on society. The traditional form of legal protection and, as
an alternative, the latest online procedures should be simultaneously used.
Comparing dierent types of judicial proceedings, we believe that
administrative proceedings in particular have great perspectives for the
introduction of digital technologies given the absence of a number of
complex and time-consuming procedures typical to civil and criminal
proceedings. However, it is important not only to follow all procedural
procedures and provisions of the law while conducting online proceedings,
but also to pay attention to data protection and information security of the
trial participants. Insecurity of these processes can lead to distrust in the
entire judicial system and the legality of its decisions.
Reforming the judicial procedure in the resolution of administrative
disputes with an emphasis on the implementation of digital technologies
will help to relieve the judicial system and judges, to increase the eciency
of case management, to reduce storage and archiving costs, to speed up
the time of hearing court cases, to simplify the submission of applications
and evidence to the court online, to introduce remote participation through
video conferences with the court, etc. Therefore, modern technologies can
positively inuence the court and the participants of court proceedings.
2.2. Peculiarities of ensuring access to administrative justice in
terms of the martial law
The President of Ukraine introduced the martial law on February 24,
2022, which undoubtedly aects all legal relations in society and the state.
However, the Art. 64 of the Constitution of Ukraine remains the guarantee
of the right to judicial protection, according to which the right to judicial
protection in terms of the martial law is not subject to restrictions and must
be ensured by the proper administration of justice.
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According to the position of the Venice Commission, the judicial system
under emergency legal regimes must continue to guarantee the exercise of
the right to a fair trial without any limitations in its functioning, except
of the case when such functioning is actually impossible (Respecting the
principles of democracy, human rights and the rule of law in a state of
emergency – reections, 2022). And if necessary, the intervention in the
administration of justice must be proportionate and not encroach the
content of the right to judicial protection.
This prompts the Ukrainian legislator to look for special approaches and
introduce new and eective forms and means of administering justice. We
mean the need to ensure the uninterrupted functioning of courts during the
martial law, especially those located on the front line or under occupation,
as well as regulating the status of those court employees who have joined
the ranks of the Armed Forces of Ukraine. Hence, the issue of strengthening
the use of e-government tools to ensure access to administrative justice
becomes relevant, taking into account the obstacles or impossibility of the
participants in the process to appear in court or provide written evidence.
Nowadays, the implementation of justice in the mode of video
conferencing, the use of which has already been successfully tested during
the COVID-19 pandemic, is being actively implemented. At the same time,
the authorization of the participant in the process during the submission
of documents and the court session is ensured by the use of an electronic
signature or by presenting documents conrming the citizenship of Ukraine,
certifying the person or his / her special status (Zavydniak, 2022).
The improvement of access to administrative proceedings is also
facilitated by the provision of electronic document circulation, which
involves the complete processing of case materials in electronic format.
Electronic document management is fundamentally important in terms of
the constant potential threat of loss or destruction of court case materials,
which may occur as a result of hostilities or occupation of the territory
where the administrative court is located.
A number of electronic applications downloaded to a smartphone help
to record case materials and documents that are important for the correct
case-resolution. Such applications help to scan documents in PDF format
and include them into the administrative case le by uploading them to the
court’s electronic inbox (Zavydniak, 2022).
If there is no access to the court premises or it is restricted for security
reasons, the parties may submit electronic evidence certied by an electronic
signature. Submitted evidence is stored on servers, backup systems,
memory cards, the Internet or other places of data storage in electronic
form. It imposes an obligation on the state to guarantee the security of
court servers that store case les in electronic form, since information and
communication systems are objects to enemy cyber-attacks during wartime.
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Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
Therefore, the possibility of using video conferences and electronic
document circulation indicates that Ukraine adheres to the principle of
citizens’ access to administrative justice, despite military actions.
At the same time, access to the Unied State Register of Court Decisions,
the “Status of Cases” and “List of Cases to be Considered” services has been
suspended for the safety of judges and participants in court proceedings,
and courts are allowed to work remotely. In case of a real threat to the life
and health of judges, court employees and participants in the proceedings,
courts (judges) are allowed to make a decision on the temporary suspension
of judicial proceedings. It is also allowed to consider cases from dierent
premises of the court by using their own technical means in case if the
proceedings are considered collegially and the panel of judges cannot
gather in one premise (Some recommendations for organizing the work of
courts and judges under martial law: approved by the Council of Judges of
Ukraine, 2022).
Certain changes are also applied to the procedural time limits for hearing
a court case, which may be extended until the end of the martial law, as well
as the participation in the court session of the participants of proceedings (in
particular, in the absence of the participant of proceedings and information
about his / her awareness of such a court session, the proceedings in the
case may be stopped or its hearing is postponed without determining the
next court session date (BCU called for clarication of the procedures for
consideration of cases in civil, administrative and commercial jurisdictions
during martial law, 2022).
Therefore, the implementation of administrative proceedings is possible
in the mode of video conference, and the participation of a judge remotely
in a court session is carried out in exceptional cases, when there are real
obstacles to access to the workplace. Under such conditions, administrative
proceedings cannot always end with the adoption of a decision on the merits,
but must rst of all focus on recording facts that are of essential importance
for the case, in particular through electronic document circulation, the
scope of which will tend to expand.
We note as an interim conclusion that the introduction of the martial
law is not a reason to limit the right to judicial protection and imposes on
the state additional obligations related to guaranteeing the most complete
opportunities for access to justice. Courts primarily rely on electronic
document circulation in Ukrainian realities and participation in court
hearings via video conferences. The above demonstrates respect for the
basic principles of law and, at the same time, for the state’s duty to ensure
the continuity of justice along with ensuring the safety of judges, the court
apparatus and other participants of proceedings.
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3.3. Implementation of the European standards of access to
justice into administrative judiciary of Ukraine
Integration processes into the European legal space go on in Ukraine
even during the martial law. We talk about the implementation of
principles and standards into administrative justice formed at the pan-
European level. The European standards of accessibility of administrative
proceedings are the basic component of the national mechanism of judicial
protection of human rights and the basis for further reforming the legal
system of Ukraine.
The implementation of the European standards of access to justice
in the administrative process is reected in the normative guarantees of
exercising the right to judicial protection and compliance with international
requirements regarding the procedure for the administration of justice,
as well as the consolidation of the requirements for access to the court
in the norms of administrative procedural law, which were developed by
the practice of the European Court of Human Rights. The result of such
implementation in the activity of administrative courts is improvement and
increase in the level of protection of human and civil rights in Ukraine.
The standards of administrative proceedings are embodied in the
principles of law, legal norms and customs and establish a mandatory
minimum level of human rights ensured in administrative proceedings.
Besides, they can be an integral part of international standards of human
rights, because they are aimed at ensuring the eectiveness of judicial
protection of human rights and freedoms in relations with state authorities.
The European standards of the administrative process mainly relate to
the possibility of protecting human rights, which derive from the norms
of the Convention for the Protection of Human Rights and Fundamental
Freedoms of 1950 and caselaw of the European Court of Human Rights.
Government decisions always have an impact on the rights and freedoms
protected by the Convention. Therefore, the issue of protecting such rights
is extremely important.
The EU Member States must ensure the eectiveness of administrative
proceedings in accordance with the requirements of the Convention and
other EU acts. The general standards of the judicial process enshrined in
the Convention are specied in the resolutions and recommendations of the
Committee of Ministers of the Council of Europe regarding the improvement
of the legislation of the Member States in the eld of administrative process.
The system of administrative process standards includes: 1) the right to
a trial and the right to access to a court as its component; 2) the right to a
fair trial (this is a public and fair trial by a legally established, independent
and impartial court within a reasonable time frames); 3) the eectiveness
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Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
of judicial control over the acts and actions or inaction of state authorities.
The specied standards are designed to ensure the appropriate degree of
accessibility and eciency of justice in the state, and are also a guarantee of
successful reform of administrative procedural legislation.
Thus, the right to a trial and access to justice guarantee everyone the
possibility to address an administrative court for the protection of own
rights, if there is interference in human rights and freedoms by authorities
(Biard et al., 2021). At the same time, access to justice must be eective
and embody the compliance with norms regarding the duration of court
proceedings, reasonable terms, and procedural economy (Bernaziuk et
al., 2022). The Article 13 of the Convention provides that everyone whose
rights and freedoms guaranteed by the Convention are violated, shall have
the right to an eective legal protection mean in the appropriate national
authority, notwithstanding that such violation is committed by ocial
persons (ECHR, 1950).
Therefore, the protection of rights in the sense of the Convention can be
carried out not only by the court, but also by another agency that can provide
eective protection. However, if functions of protection of the violated right
are carried out by the court, paragraph 1 of the Art. 6 of the Convention
provides additional guarantees related to the eectiveness of the legal
protection mean. In particular, it provides the possibility of suspending the
execution of the appealed decision or actions of an administrative agency,
if they may lead to irreparable damage, and imposing an obligation on the
relevant agency to compensate for the damage (in certain cases) caused by
the violation of the rights dened by the Convention (ECHR, 1950).
Administrative cases must be considered within a reasonable period
of time and take into account the complexity of the case, the approach of
the authorities to the consideration of a specic case, certain aspects of the
applicant’s behavior that could aect the extension of the consideration
period, as well as certain circumstances that justify a longer period of
judicial consideration.
At the same time, the eectiveness of the judicial process depends on
the compliance with the requirements of mandatory execution of a court
decision that has entered into force. Therefore, national legislation should
provide the responsibility of administrative agencies and their ocials in
case of non-execution or improper execution of a court decision (ECHR
judgment of March 19, 1997 in the case of Hornsby v. Greece, Rep., 1997-II).
The right to a fair trial involves a public and fair trial by a legally
established, independent and impartial court within reasonable terms
(ECHR: the Art. 6). The ECHR stipulates that the court must meet the
requirements of independence from other branches of power, and judges
must properly perform their duties. For this purpose, the Council of Europe
adopted Recommendation (94) 12, which concerns the independence of
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judges and is based on the 1985 UN principles on the independence of the
judicial power.
The provisions of this Recommendation provide that independence
should be guaranteed by ensuring the appropriate number of judges, their
security of tenure, proper training, appropriate stang and logistical
support (Recommendation N (94) 12 on the independence, eciency and
role of judges (adopted by the Committee of Ministers of the Council of
Europe at the 518th meeting of deputy ministers on October 13, 1994).
Judges must be not only independent, but also fair, impartial and competent
(The European Charter on the Statute of Judges, 1998). Moreover, the trial
and the announcement of the court decision must be public, and the trial
itself must be fair and should be based on the principle of equality.
The evolution of judicial control is considered the result of the work
of judges in terms of the development of such key concepts as procedural
justice, unreasonableness and legal error (Griths et al., 2017). Judicial
control is aimed at rationally respond to decisions that are subject to reversal
due to their unfairness or impropriety. It is judicial control that helps in
the implementation of the principle of legality and ensures the compliance
with laws. Therefore, justice is related to both the legal mechanism for the
protection of human rights and is the basis for building and establishing
democracy and civil society.
Conclusions
Summing up, we note that access to justice occupies one of the basic
places in the system of fundamental values of any democratic society. The
availability of administrative justice primarily involves the ability of a
person to obtain unimpeded judicial protection as access to independent
and impartial resolution of disputes according to the established procedure
on the rule of law basis. Access to administrative justice has many dierent
aspects. However, improving the access to justice through the use of online
justice in administrative courts and ensuring the implementation of the
principles of legality and legal certainty are the most important in modern
conditions for Ukraine.
Nowadays, Ukrainian courts are actively using electronic document
management and the possibility of participating in court hearings via video
conferences. However, it is not enough. Therefore, the implementation
of the world’s best practices of using, for example, Articial Intelligence
would be of great benet to Ukrainian courts, given the fact that there will
be many disputes that need to be eectively resolved both during the war
and in the post-war period.
Therefore, reforming the judicial procedure in the resolution of
administrative disputes with an emphasis on the implementation of digital
114
Oleksandr Krupchan, Olena Salmanova, Nataliia Makarenko, Aurika Paskar y Vitalii Yatskovyna
Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience
technologies will help to relieve the judicial system and judges, to increase
the eciency of case management, to reduce storage and archiving costs, to
speed up the time of consideration of court cases, etc.
Besides, integration processes into the European legal space encourage
domestic legislators to harmonize Ukrainian and EU legislation in the
sphere of administrative dispute resolution. European standards of
administrative process are embodied in the principles of law, legal norms
and customs and establish a mandatory minimum level of human rights
ensured in administrative proceedings. The specied standards are
intended to ensure the appropriate degree of access to justice in the state,
since success in reforming administrative procedural legislation depends
on their compliance. Therefore, the implementation and unconditional
fulllment of European standards is the key to the development of modern
Ukrainian society and the state.
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Esta revista fue editada en formato digital y publicada
en abril de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 77
