Reforming the Administrative Justice Institution: European Experience and Ukrainian Realities

Abstract

This article examines the reform process of the administrative justice institute in Ukraine through the lens of European experience and contemporary Ukrainian realities. The research relevance is determined by the necessity for scientific substantiation of administrative justice reform directions in accordance with European standards and considering the specificity of state institutions functioning under martial law conditions. Special attention is paid to the impact of European integration processes on the transformation of Ukraine's judicial system, particularly in the context of obtaining EU candidate status in 2022.

The research objective is a systematic analysis of the administrative justice institute reform process considering European experience and contemporary challenges. The study employs comparative legal methodology to analyze French, German, and mixed European models, statistical analysis of judicial practice, examination of international organizations' recommendations, and analysis of Ukraine's normative-legal framework.

The main research findings indicate that Ukraine's administrative justice system is in a transformation phase from the post-Soviet model to European standards; however, this process is characterized by unevenness and contradictory tendencies. A key problem identified is the gap between declared reform goals and their practical implementation, manifested in low citizen trust levels in administrative courts (23% compared to 65-78% in EU countries). The study reveals that 34% of executive authority decisions appealed to administrative courts are recognized as unlawful, indicating systematic deficiencies in administrative act adoption.

The research demonstrates that digitalization of administrative proceedings showed effectiveness during the COVID-19 pandemic and martial law, with 78% of procedural documents submitted through electronic systems. However, technological solutions are implemented without proper consideration of different user categories' needs, creating digital discrimination risks, particularly for elderly persons and rural area residents.

The study analyzes the functioning of administrative justice under martial law conditions, revealing both the system's adaptive capabilities and structural weaknesses. Administrative justice financing remains insufficient to ensure European judicial standards, with costs per case in Ukrainian administrative courts averaging 1,200 hryvnias, five times less than similar indicators in EU countries.

The practical significance lies in formulating specific recommendations for improving the normative-legal framework, organizational structure, and administrative proceedings procedures, digitalization enhancement, and system adaptation to martial law conditions. The research provides a foundation for further legislative changes and system preparation for post-crisis reforms, contributing to the enhancement of citizens' rights realization and access to justice in Ukraine.