Control proceedings as a non-sue procedure of administrative jurisdiction

In accordance with Part 1 of Art. 12 of the Code of Administrative Proceedings of Ukraine, administrative proceedings are carried out in the order of legal proceedings (general or simplified), which, among other things, are used to consider some appeals by subjects of power due to the requirement established by law to confirm powers before their implementation. There is no special judicial procedure for consideration of such appeals by the Code of Administrative Proceedings of Ukraine. The paper argued the need for a legislative definition of the non-suitable procedure of administrative proceedings and proposed "control proceedings" as a model for its implementation. It is noted that administrative proceedings may not have a single procedure for its implementation and should be reflected in various procedures, and development of legislation in this area should be directed to the implementation of effective judicial protection mechanisms that would be relevant to today's challenges. According to the proposed model of control proceedings, the subject of power will have the procedural status of the applicant, and the person whose rights, freedoms and legitimate interests may be restricted/violated will have the status of a private person. It is in the control proceedings that the principle of official clarification of all the circumstances of the case can manifest itself most fully. The expediency of the legislative change in the procedure for considering cases of administrative offenses, which are currently considered by the courts according to the rules established by the Code of Administrative Offenses, is argued, and the use of control proceedings for the consideration and resolution of such cases is proposed, in which the subject of authority, after drawing up a protocol on the commission of an administrative offense by a person, will turn to of the administrative court with a statement confirming the authority to apply the corresponding administrative penalty, and the administrative court will consider such a statement according to the rules established by the Administrative Court. Emphasis is placed on changing the functions of the court from "punitive" to controlling. It has been proven that the implementation of control proceedings as a non-suitable procedure of administrative proceedings will have a positive effect on the level of protection of the rights, freedoms and legitimate interests of private individuals, will contribute to the building of public trust in the state, and will lead to the development of administrative justice in particular and justice in general.