THE PREREQUISITES («FILTERS») OF CASSATION APPEAL IN ADMINISTRATIVE PROCEEDINGS: CONTENT, TYPES, FEATURES, PROCEDURE

Abstract

The article examines the prerequisites («filters») of cassation appeal in administrative proceedings: content, types, features, procedure. It is noted that the right to cassation appeal of court decisions is enshrined in the Constitution of Ukraine, the Law of Ukraine "On the Judiciary and the Status of Judges" and the Code of Administrative Procedure. judicial proceedings of Ukraine. In particular, Part 1 of Art. 13 CAS of Ukraine provides that the parties to the case, as well as persons who did not participate in the case, if the court has decided on their rights, freedoms, interests and (or) responsibilities, have the right to appeal the case and in cases specified by law - on a cassation appeal against a court decision. It is stated that although the cassation review of court decisions does not take place in every case, this restriction does not violate paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which enshrines guarantees of the right to a fair trial, does not enshrine the right to cassation of judgments in administrative cases.The purpose of the article is to characterize the grounds for the use of "cassation administrative filters" as part of the mechanism for exercising the right of an individual to cassation appeal against a court decision in a public law dispute. The subject of research is the peculiarities of cassation review of decisions in administrative proceedings. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: The current regulations on the right of an individual to cassation appeal against court decisions in administrative proceedings by characterizing the existing procedural filters are analyzed. Practical implication: Based on the study of the case law, the types of administrative cassation filters applied by the courts when reviewing the decisions are identified. Value/originality: It is proved that achieving the effectiveness of the application of cassation administrative filters requires a high level of professionalism, which ensures the proper implementation of the individual’s right to file a cassation appeal, and developing the unified approach to the use of assessment categories.