ODESA - October 22, 2021. Current issues of implementation of the Law "On Administrative Procedure" were discussed during the International Conference "Administrative Procedure: a new page in the relationship between the state, citizens, and business." The event was supported by the Ukrainian Bar Association, the Association for the Development of Judicial Self-Government of Ukraine, the Ministry of Justice, the All-Ukrainian Communication Campaign “Going Together” and the EU projects "Pravo-Justice" and EU4PAR. The speakers of the event were representatives of the legislative and judicial authorities of Ukraine, international organizations, leading lawyers of Ukraine.
Oleksandr Dzhaburiya, Chair of the Fifth Administrative Court of Appeal, Anna Ogrenchuk, President of the Ukrainian Bar Association, Dmytro Bezdolya, Chairman of the Board of ADJSG, judge of the Commercial Court of Odesa Region, Dovydas Vitkauskas, Head of the EU Pravo-Justice Project, and Juris Stinka, key expert of the EU EU4PAR Project, addressed the participants.
Anna Ogrenchuk stressed that the law needs to be approved and assured that the Ukrainian Bar Association will help implement the provisions of the draft law so that public authorities understand the case law and apply it during administrative procedures.
“The legal community supports the draft law and will continue to work with projects to implement the law,” said Ms. Anna.
During the first session, moderated by Oleksandr Dzhaburiya, lawyers tried to find out how the Law on Administrative Procedure will change the model and principles of governance in Ukraine, what are the benefits of its implementation, how it will interact with other regulations currently governing administrative procedures.
Larysa Bilozir, Member of Parliament (online), Oleksandr Banchuk, Deputy Minister of Justice of Ukraine, Serhiy Hrynevetskyi, Head of the Odesa Regional State Administration, Jautrite Briede, Judge of the Administrative Chamber of the Supreme Court of Latvia (online), Oleksandr Kravets, judge of the Fifth Appellate Administrative Court, Inna Popovska, Director of the Legal Department of the Odesa City Council, and Viktor Tymoschuk, Deputy Chair of the Center for Political and Legal Reforms, joined the discussion.
The second session, moderated by Oksana Tsymbrivska, Chief National Expert of the EU Pravo-Justice Project, was devoted to the issue of discretion. Lawyers discussed approaches to determining discretion, the current situation of administrative discretion, analyzed European best practices in the application of discretion and discussed how to effectively exercise judicial control over the exercise of discretion and whether corruption risks are possible in the application of discretion.
Speakers: Edith Zeller, President of the European Association of Administrative Judges, Judge of the Administrative Court of Vienna, International Expert of the EU Pravo-Justice Project (online), Nataliya Blazhivska, Judge of the Administrative Court of Cassation of the Supreme Court, Roman Melnyk, National Expert of the EU Pravo-Justice project (online), Oleksandr Novikov, Head of the National Agency for the Prevention of Corruption (online), Semen Kravtsov, Ph.D., Lawyer, National Expert of the EU Pravo-Justice Project.
During the third session, the features, advantages, and problems of reconciliation within the administrative procedure were discussed. This part of the event was moderated by Ella Katayeva, a judge of the Odessa District Administrative Court.
Joining the discussion were Larysa Zuyeva, a judge of the Fifth Administrative Court of Appeal, Nataliya Danylko, deputy of the Odesa Regional Council, Luiza Romanadze, a lawyer, mediator, expert of the EU Pravo-Justice Project, and Svitlana Sergeyeva, lawyer, mediator, expert of the EU Pravo-Justice Project, a member of the Board of the Ukrainian Bar Association.
The fourth session of the conference, moderated by Anna Lebedyeva, a judge of the Mykolayiv District Administrative Court, was devoted to the issues of administrative appeal: the mechanism of administrative appeal under the law on administrative procedure, appeal tools that can be used by business, the experience of EU countries, and mechanisms of judicial control over the legality of administrative acts.
The participants of the session were: Yautrite Briede, Yaroslav Gregirchak, Deputy Business Ombudsman (online), Volodymyr Bevzenko, Judge of the Administrative Court of Cassation of the Supreme Court, Roman Chumak, lawyer, expert of the EU Project, Mykhailo Baimuratov, doctor of law, professor, lawyer.
At the final, 5th session of the conference, participants talked about the case-law of the Supreme Court. The moderator was Oleksandr Kravets.
Volodymyr Kravchuk, a judge of the Administrative Court of Cassation of the Supreme Court, spoke about the impact of changes in the law on permitting procedures. Albert Yezerov, a judge of the Administrative Court of Cassation of the Supreme Court, considered the legal positions of the Supreme Court in disputes in the field of urban planning. Nataliya Kovalenko, a judge of the Administrative Court of Cassation of the Supreme Court, analyzed the practice of the Supreme Court in disputes concerning the appeal of normative legal and regulatory acts. Oleksandr Drozdov, doctor of law, member of the Commission for Legal Reform, focused on topical issues of the administrative procedure through the prism of the legal positions of the ECHR.