In the theory and practice of administrative legal proceedings the problemof dissociation of jurisdiction of administrative courts from jurisdiction of the ConstitutionalCourt of Ukraine that leads to acceptance, in particular, by the Supreme administrative courtof Ukraine of judgments, different in the contents, on this matter is still not resolved. Authorsof article offer such criterion of delimitation of these jurisdictions as existence (or absence)legislative guarantees of participation of individuals in state regulation of social processes. In thepresence of such guarantees business is offered to be referred to an administrative jurisdiction,and at their absence — to the constitutional jurisdiction.