ENSURING THE UNITY OF JUDICIAL PRACTICE IN ADMINISTRATIVE PROCEEDINGS OF UKRAINE

Abstract

The paper reveals the mechanism for ensuring the unity of judicial practice in the administrative justice of Ukraine as a system of interconnected legal means (norms of law, legal relations, acts of law enforcement and legal behaviour) for the purpose of considering the same category of cases with the expression of the same legal position in similar disputes. It has been proven that this is about the formation of a promising legal precedent in the practice of the Supreme Court in the form of a corresponding legal position, mandatory for application by administrative courts of all instances. The prospects for using artificial intelligence technology in the administrative justice of Ukraine have been explained: as an auxiliary analytical tool for analyzing evidence, preparing analytical generalizations, searching for analogies in judicial practice with only human verification, without independent decision-making; as a technical support tool for automatic sorting of documents, text recognition, translation, and creating templates without direct human participation, if it does not affect the content of the decision. Since the existing procedure for transferring a case by a court considering a cassation case in a panel of judges to the relevant judicial chambers of the Supreme Court does not take into account cases of motivated disagreement of the courts of first and appellate instances with the practice of the Supreme Court, the authors have proposed to enshrine in the Code of Administrative Proceedings of Ukraine the right of the courts of first and appellate instances to submit a motivated preliminary ruling request to the Supreme Court to resolve the issue of departing from the legal position formed by the Supreme Court in a similar dispute. The Supreme Court is to consider the case as the court of the instance from which the submission was received, with the formulation of a final legal position for further application by administrative courts of all instances. It has been proposed to reform the current structure of the Supreme Court and the mechanism for ensuring the unity of judicial practice in the administrative justice of Ukraine via resolving cases by the full composition of the relevant court chambers, the Plenums of the Administrative Court of Cassation in the Supreme Court, as well as of the entire Supreme Court.