Genesis of the Principle of Transparency in the Activities of Administrative Courts
Keywords:transparency, judicial power, activity of administrative courts, administrative court, publicity, openness
The topicality is determined by the current state of development of the principles of transparency and openness of the activity of administrative courts, the existence of a basis for the development of a single category of transparency, which covers both concepts, as well as the connections between them. The purpose of the article is to provide a description of the development of transparency as a concept of the science of administrative law, to determine its features in the field of activity of administrative courts, and to define, on this basis, a scientific approach to further research on the issue of transparency in this area. Achieving this goal became possible through the use of a complex of methods of both general scientific and specifically legal nature. At the same time, the requirements of scientific objectivity are taken into account. Thus, the application of the formal-dogmatic method made it possible to clarify the content of the applied concepts and categories. With the application of the system method, the administration of the work of administrative courts as a system is presented. This made it possible to examine the elements of this system and the connections between them as a basis for further research into the issue of transparency in the activity of administrative courts. The application of the formal-logical method made it possible to carry out a comparative analysis of the fundamental categories of the study. The vectors of the actual development of scientific opinion regarding related concepts, as well as the concept of transparency - regarding the activities of prosecutor's offices and executive authorities, are analyzed. On this basis, the thesis about the gradual convergence of the concepts of transparency in the activities of the executive authorities and prosecutor's offices, the increase in the amount of common features in these concepts is substantiated. It is substantiated that the transparency of the judiciary's activity is considered, mainly, in the context of overcoming the closure of the judiciary as a Soviet legacy, while due attention is not paid to the actual specifics of the judiciary's activity. Based on the results of the research, conclusions were formulated regarding the specificity of transparency in the field of judicial power, and the vectors of further research into this issue and the factors of further development of transparency regarding the activity of administrative courts were determined.
Decree of the President of Ukraine No. 231/2021 "On the Strategy for the Development of the Justice System and Constitutional Judiciary for 2021-2023". (June 11, 2021). Official Gazette of Ukraine, 17, 29, 836.
Tereshchuk, G.A. (2021). Conceptual principles of administrative and legal support for the implementation of the principle of transparency in the activities of public administration bodies of Ukraine. PhD Thesis. Ternopil: Western Ukrainian National University.
Boyko, I.V., & Solovyova, O.M. (2013). European standards and the Ukrainian concept of administrative procedure. In Modern researches: progress of the legislation of Ukraine and experience of the European Union (рр. 442-462). Riga: Izdevniecība "Baltija Publishing".
Sunde, J.Ø. (2021). The History of Nordic Legal Culture and Court Culture: The Story of What Should not Have Been, but Still Came to Be. In Books in the Ius Gentium: Comparative Perspectives on Law and Justice. Series: IUSGENT, 90, 49-67.
Potěšil, L., Rozsnyai, K., Olszanowski, J., & Horvat, M. (2021). Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries). Administrative Sciences, 11(1), 9. https://doi.org/10.3390/admsci11010009.
Korshun, A.О. (2021). Content of the principle of openness and openness of judicial authorities: general legal aspect. Scientific Bulletin of the Dnipropetrovsk State University of Internal Affairs, 3, 54-60. https://doi.org/10.31733/2078-3566-2018-4-54-60.
Andronov, I.V. (2021). Transparency of the judiciary in the conditions of digitization of civil proceedings. New Ukrainian law, 3, 127-133. https://doi.org/10.51989/NUL.2021.3.18.
Pilay, I.V. (2018). The principle of transparency in the activities of the prosecutor's office of Ukraine. PhD Thesis. Kyiv: PJSC "Higher Educational Institution "Interregional Academy of Personnel Management".
Hoptarev, O.I. (2019). Administrative and legal principles of ensuring the principle of openness of administrative proceedings in the period of development of civil society. PhD Thesis. Kryvyi Rih: Donetsk Law Institute.
Blihar, M.M. (2022). Legal fundamentals of the interaction of the judiciary and civil society: the struggle for the rule of law and independence of judges. Legal scientific electronic journal, 2, 84-86. https://doi.org/10.32782/2524-0374/2022-2/19.
Ovsyannikova, O.O. (2009). Transparency of the judiciary. PhD Thesis. Kharkiv: Yaroslav Mudryi National Law Academy.
Gavrilyuk, O.O. (2012). The principle of transparency and openness in administrative justice of Ukraine. PhD Thesis. Kharkiv: Kharkiv National University of Internal Affairs.
Kondratenko, V.M. (2013). Principles of transparency and openness in the administrative justice of Ukraine. PhD Thesis. Kyiv: National Academy of Internal Affairs.
Havryushenko, H.V. (2015). Organizational and legal principles of ensuring the transparency of prosecutorial activity. PhD Thesis. Kharkiv: Yaroslav Mudryi National Law University.
Pilaeva, V.M. (2017). Administrative and legal principles of ensuring transparency in the activities of executive authorities in Ukraine. PhD Thesis. Kharkiv: V.N. Karazin Kharkiv National University.
Khotynska-Nor, O.Z. (2016). Transparency of the judicial system and advocacy as a factor in the formation of civic consciousness of society. Bulletin of Criminal Justice, 2, 176-182. Retrieved from https://vkslaw.knu.ua/images/verstka/2_2016_Hotunska-Nor.pdf.
How to Cite
Copyright (c) 2023 Євген Федоренко
This work is licensed under a Creative Commons Attribution 4.0 International License.