Oksana Epel: Settlement of disputes with the participation of a judge is a progressive form of dispute resolution, but requires

19 February 2018, 13:30 | The Company
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Chapter 4 of the Code of Administrative Procedure regulates the procedure for the settlement of disputes involving a judge. However, its application in practice causes a number of difficulties and contradictions, since the subjects of power, being the defendants, have not the slightest interest, legislatively provided powers and competence to enter the stage of peaceful settlement, which necessitates the introduction of changes to the special legislation.

This was stated by the judge of the Kyiv Court of Appeal Oksana Epel during the conference "Procedure for the settlement of a dispute involving the judge: international and Ukrainian experience", according to "Law and Business".

"These provisions of the law must necessarily be known to people who seek protection of their rights in disputes with subjects of power. The official procedure for the peaceful settlement of a dispute with the participation of a judge is based on those principles of justice that the parties themselves undertake! ", - noted Oksana Epel.

"At the same time, the application of this institution in practice to resolve administrative disputes requires that the provisions of the special legislation be brought into conformity with the provisions of the KASU regarding the lack of authority for the subjects of power to recognize the wrongfulness or inaccuracy of the decisions they have adopted and appealed against and to abolish them independently during the execution of the settlement agreement, noted Oksana Epel.

Judge of the Kyiv Appeals Administrative Court Oksana Epel stressed the need to legislatively introduce to the subjects of power authority the right to enter the procedure for the peaceful settlement of a court dispute with the participation of a judge.

"Corresponding changes must be made in special legislation. This will significantly reduce the burden, both on the judges themselves and on lawyers "," said Oksana Epel.

Proceeding from the above, the participants of the event, after a lively discussion, came to the opinion that for implementation the dispute resolution procedure with the participation of the judge is an important procedural institution that will help resolve the disputes that arise in a short time.

In this regard, according to the results of the conference, a working group was created to amend the current legislation, which will provide a practical opportunity to use mediation to resolve administrative disputes.

Recall, Oksana Epel was delegated to the CAAS at the March congress of judges, which plans to elect three more members of the High Council of Justice. European judges and public figures reacted positively to the choice of the capital appellate administrative court of Oksana Epel.




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