The article focuses on the issues inherent in the protection of the interests of the State in administrative proceedings.

The purpose of the article is to emphasize the fact that administrative courts, along with traditional cases of “an individual vs. the State”, also consider other cases, where interests of the State are actually protected; the article also aims at providing justification for the need to amend Article 2 of the Code of Administrative Proceedings of Ukraine (“Objectives and the Basic Principles of the Administrative Proceedings”).

The author has established that the entirety of current standpoints regarding the orientation of the objectives of the administrative proceedings can be represented in three groups: 1) those with the predominance of protection of an individual’s interests in relations with the State; 2) those which have the priority focus on the protection of an individual’s interests in relations with the State, but at the same time indicate that protection of the State’s interests is also present among the objectives of the administrative proceedings; 3) those focused on protection of the State’s interests alongside of an individual’s interests protection as the objective of the administrative proceedings of Ukraine. The author proves the fact that protection of the State’s interests is the same “full-fledged player” among the objectives of the administrative proceedings as protection of an individual’s interests in relations with subjects vested with power.

Special attention is given to the issues relating to the essence of the State’s interests. The author emphasizes the fact that the State has its own interests as well, and such interests, with a certain degree of conditionality, may be regarded as the combined interest of state institutions and public administration bodies, which, in their turn, are created by society in a broad sense to promote the exercise of rights, freedoms and legitimate interests of society members. Therefore, the author suggests that the legal interests of the State should be understood as general priorities of the State which are formulated in the provisions of current legislation and doctrinal documents of the ruling political forces, and which are underpinned by the needs of society and modern ideology and are implemented in practice through the machinery of the State.

The author stresses the importance of taking into account the impact which the case law of the European Court of Human Rights has on Ukraine’s administrative proceedings in general and on the consideration of cases involving protection of the State’s interests in particular.

Bibliography

Authored books

1. Kolomoiets T, Administratyvne pravo Ukrainy. Akademichnyi kurs: pidruchnyk [Administrative Law of Ukraine. Academic Course: Tutorial] (Yurinkom Inter 2011) (in Ukrainian).

Edited books

2. Averianov V (red), Prava hromadian u sferi vykonavchoi vlady: administratyvno-pravove zabezpechennia realizatsii ta zakhystu [Citizens’ Rights in the Sphere of Executive Power: Administrative and Legal Support for Implementation and Protection] (Naukova dumka 2007) (in Ukrainian).

3. Kuibida R ta Shyshkin I (red), Osnovy administratyvnoho sudochynstva ta administratyvnoho prava: navchalnyi posibnyk [Fundamentals of Administrative Legal Proceedings and Administrative Law: Teaching Manual] (Staryi svit 2006) (in Ukrainian).

4. Kuibida R (red), Kodeks administratyvnoho sudochynstva Ukrainy: naukovo-praktychnyi komentar [Code of Administrative Justice of Ukraine: Scientific and Practical Commentary] t 1 (Knyhy dlia biznesu 2007) (in Ukrainian).

Journal articles

5. Konstantyi O, ‘Subiektyvni publichni prava yak obiekt zabezpechennia administratyvnym sudochynstvom’ [‘Subjective Public Rights as an Object of Administrative Justice’] (2006) 8 Pravo Ukrainy 96-9 (in Ukrainian).

6. Samsin I, ‘Pobudova ukrainskoi modeli administratyvnoho sudochynstva: teoretyko-praktychni problemy’ [‘Construction of the Ukrainian Model of Administrative Justice: Theoretical and Practical Problems] (2006) 12 Pravo Ukrainy 3-8 (in Ukrainian).

7. Stetsenko S, ‘Suchasnyi pohliad na predmet administratyvnoho prava’ [‘Modern View on the Subject of Administrative Law] (2016) 1 Publichne pravo 20-5 (in Ukrainian).

8. Yemelianova V, ‘Vazhka doroha administratyvnoi yustytsii, odnak yii treba proity’ [‘The Administrative Justice is a Difficult Road, but it Has to go Through’] (2007) 1 Visnyk Vyshchoho administratyvnoho sudu Ukrainy 32-6 (in Ukrainian).

Newspaper articles

9. Paseniuk O, ‘Chy potriben Ukraini sud nad vladoiu?’ [‘Do you need a court of power in Ukraine?’] Dzerkalo tyzhnia (Kyiv, 2008, 23) 6 (in Ukrainian).

Websites

10. Selivanov A, ‘Administratyvne sudochynstvo yak novyi instytut realizatsii sudovoi vlady’ [‘Administrative Justice as a New Institution for the Implementation of Judicial Power’] v Problemy sudovo-pravovoi reformy [Problems of Judicial Reform] <http:// www.viaduk.net/clients/vs.nsf/0/1F84B04D473311CEC32570BD00232346?OpenDocu ment&CollapseView&RestrictToCategory=1F84B04D473311CEC32570BD00232346& Count=500&> (accessed: 02.11.2018) (in Ukrainian).