PECULIARITIES OF DELIMITATION OF THE JURISDICTION OF COURTS FOR THE RESOLUTION OF DISPUTES IN THE SPHERE OF PUBLIC AND LEGAL RELATIONS: THE EXPERIENCE OF CERTAIN DEVELOPED COUNTRIES

Abstract

The article analyzes the experience of certain foreign countries in the context of defining and delimiting the jurisdiction of courts authorized to resolve disputes in the field of public-law relations. It was emphasized that the issue of dividing the jurisdiction of administrative courts when resolving disputes in the field of public-law relations in Ukraine is settled indirectly. In most cases, the approach of the Supreme Court in the relevant positions was recognized as ineffective, a number of which do not comply with the principle of “uniformity of judicial practice”. In some countries of the world, the determination of the jurisdiction of courts authorized to resolve public legal disputes is within the competence of higher courts or judicial institutions. In others, the issue of jurisdiction is determined by direct regulation of disputed relations in special branch legislation. We consider valuable the experience of those countries where, in the content of an administrative act, the central body of executive power (public administration) establishes the jurisdiction of a court that resolves disputes arising from the legal consequences of the application of such an administrative act. This instruction is formed by taking into account the relevant criteria formed taking into account the precedent decisions. In the Ukrainian legal system, such criteria can be the regularities of establishing jurisdiction on the basis of typical and exemplary cases. Special attention is paid to the approach to the delimitation of jurisdiction by means of a normative indication of the nature of legislation, for example: criminal, civil, etc. That is, the jurisdiction of courts that resolve disputes in the field of public legal relations includes disputes that arise solely as a result of the application of administrative legislation. This approach does not take into account the principle of sectorality of domestic legislation, so it cannot be applied. However, it is advisable to take the specified approach into account when determining the jurisdiction of administrative courts, in the event that the administrative body adopts an administrative act taking into account the provisions of the Law of Ukraine “On Administrative Procedure”. This approach minimizes the number of disputes resolved by means of administrative proceedings.