PROCEDURAL FEATURES OF COMMENCE ADMINISTRATIVE PROCEEDINGS IN THE FIELD OF COMMUNAL PROPERTY MANAGEMENT IN UKRAINE

Abstract

The article is devoted to the issue of determining the administrative-procedural characteristics of the stage of opening proceedings in an administrative case in the field of communal property management, which is considered in the procedure of administrative proceedings. In connection with the reforms of procedural legislation and local self-government in Ukraine, these issues have become especially relevant. The author explored the main positions of domestic scholars on the stages of consideration of public law disputes in administrative proceedings. He also determined the place of the stage of opening proceedings in the structure of the stages of the administrative trial. Attention is focused on the peculiarities of the adoption of an administrative lawsuit in public law disputes in the field of communal property management and problematic issues that arise in judicial practice. For example, the procedural requirements of the administrative-procedural law to the relevant claims are studied. The special public-law character of this category of disputes is noted, the author emphasized the importance of ensuring access to justice in this category of disputes. The author also believes that the right to appeal against acts or decisions of local governments in the field of communal property management should not be limited. In addition, the author investigated the procedural consequences of non-compliance by the plaintiff with the relevant requirements for both the statement of claim and the place and time of its submission. The author considers the stage of opening proceedings in the case to be the initial stage of resolving a public-law dispute in the field of communal property management in essence.