| Article | The Role of Higher Administrative Court of Ukraine in Ensuring Uniform Enforcement |
|---|---|
| Authors |
Tsurkan M.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 3 / 2014 |
| Pages | 28 - 37 |
| Annotation | The article deals with the role of the Supreme administrative court of Ukraine on ensuring uniformity of judicial practice. It is proved that the mode of the unity of law enforcement in a state depends not on the structure of the judicial system but on the essential content of permissions of its each element; on the clear delimitation of functions between the highest judicial institutions; on the existence of procedural and organizational mechanisms contributing to an allowable communication between courts with the only subordination to the Constitution and law. It discusses procedural and non-procedural mechanisms of ensuring unified law application. The importance of such non-procedural acts of the Supreme administrative court of Ukraine as the resolution of the Plenum, explanations and information letters are analyzed in detail. The author justified borrowing of European experience in collegial (by all members of the court chamber of the Supreme Court) consideration of the cassation complaint, in order to ensure the uniform application of the current legislation by administrative courts. |
| Keywords | rule of law, case law unity, unity of law application, legal certainty, judicial enforcement, equality before the law and in court. |
| References | |
| Electronic version | Download |