ОНОВЛЕННЯ ІНСТИТУТУ АДМІНІСТРАТИВНОГО ОСКАРЖЕННЯ В УКРАЇНІ
Authors: Prokopchuk Natalia ,   Львівський національний університет імені Івана Франка, Yaniuk Nataliia 
Published: July 2024

Administrative appeal is one of alternative ways to the court proceeding of administrative cases in relations with public administration. Administrative appeal is examined to be considered in three main areas: firstly, as an independent way of prompt protection of a person in their relations with public administration bodies and restoration of violated rights and freedoms of natural persons, rights and legitimate interests of legal entities; secondly, as a way for citizens to control the lawfulness of the public administration bodies' activities; and thirdly, as an optional stage of administrative procedure when resolving a specific administrative case. Administrative appeal is determined to be one of core human and civil rights' guarantees in relations with public administration bodies, and this right provides an opportunity to appeal against a decision, action or inaction of public administration violating rights and legitimate interests both natural persons and legal entities. Administrative appeal is regulated by a number of administrative law provisions and can be considered as a separate institution of modern administrative law. Administrative appeal's institution in Ukraine has a complicated history. For a long time, administrative appeal's issue was regulated fragmentary. Most attention to appeal was paid in tax legislation and in Code of Ukraine on administrative offences. Nevertheless, over recent years, this institution has undergone a significant upgrade. Significant changes to administrative appeal occurred with adoption of Law of Ukraine "On Administrative Procedure" (2022). Positive experience of member states of the EU was taken into account in this Law in the settlement of the mentioned issue. The Law sets forth basic principles that should guide an administrative body during the consideration of complaint: the supremacy of law, including lawfulness and legal certainty; equality before the law; reasonableness; impartiality (fairness) of the administrative body (unlawful interest is not allowed in case's resolution); good faith and prudence; proportionality; openness; timeliness and reasonable term; efficiency (in other words, proper case resolution); presumption of person's legitimacy on actions and claims; formality; guarantee of right of the individual to participate in the administrative proceeding; guarantee of efficient legal remedies (individual always retains the right to further judicial protection). The main changes include: possibility to file a complaint orally or in writing (in paper or electronic) form; to file in person or through a representative; to take part in complaint's consideration; to file objections of officials that hear the case; establishment of a complaints commission in local self-government body. Administrative appeal is an efficient and costeffective way to resolve an administrative case and eliminate barriers on implementation of rights, freedoms and legitimate rights of natural persons and legal entities. The Law of Ukraine "On Administrative Procedure" has introduced new mechanisms aimed at ensuring the administrative appeal procedure. It is concluded that, for today the issue of harmonization the rules on administrative appeal and bringing them in line with the rules established by the Law of Ukraine "On Administrative Procedure" remains relevant. Keywords: administrative body, complaint, public administration, local self-government body, procedure.