Залучення іноземних експертів під час здійснення адміністративного судочинства в Україні

The article examines the legal and organizational aspects of engaging foreign experts during administrative judicial proceedings in Ukraine. In line with its chosen path of European integration, Ukraine has committed to aligning its justice system with European standards, particularly concerning the protection of human rights and freedoms in administrative justice. Ukraine's obligations under the Association Agreement on Cooperation with the European Union in the field of justice include reforms in this area. However, the issue of engaging foreign experts remains underregulated. Judicial practice in Ukraine currently allows the engagement of foreign experts only for conducting commission-based expert examinations. The Code of Administrative Proceedings of Ukraine lacks any specific legal provision for such engagement. This legal uncertainty negatively impacts the organization and conduct of expert examinations, creating barriers not only to deeper integration into the global community but also to ensuring justice within the administrative judicial system. It limits individuals' ability to present evidence and prove their case in court. The authors aim to highlight the organizational and legal benefits of engaging foreign experts during administrative judicial proceedings in Ukraine. The methodological framework of the study includes general scientific and specialized methods of cognition. Particular attention is paid to the methods of synthesis and comparison, through which positive practices of European courts are identified. The authors propose two potential solutions to address the issue: introducing amendments to the Law of Ukraine "On Forensic Expertise»; Following general trends in the unification of judicial processes, adopting the draft law "On Forensic Expert Activity in Ukraine," which would provide for the engagement of foreign experts and meet modern citizens' needs in protecting their rights and freedoms

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-03-27
Primary Topic
Astro and Planetary Science
Type
article
Field-Weighted Citation Impact
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article

Залучення іноземних експертів під час здійснення адміністративного судочинства в Україні

Scientific periodicals of Ukraine
Astro and Planetary Science
article

Залучення іноземних експертів під час здійснення адміністративного судочинства в Україні

article en

Abstract

The article examines the legal and organizational aspects of engaging foreign experts during administrative judicial proceedings in Ukraine. In line with its chosen path of European integration, Ukraine has committed to aligning its justice system with European standards, particularly concerning the protection of human rights and freedoms in administrative justice. Ukraine's obligations under the Association Agreement on Cooperation with the European Union in the field of justice include reforms in this area. However, the issue of engaging foreign experts remains underregulated. Judicial practice in Ukraine currently allows the engagement of foreign experts only for conducting commission-based expert examinations. The Code of Administrative Proceedings of Ukraine lacks any specific legal provision for such engagement. This legal uncertainty negatively impacts the organization and conduct of expert examinations, creating barriers not only to deeper integration into the global community but also to ensuring justice within the administrative judicial system. It limits individuals' ability to present evidence and prove their case in court. The authors aim to highlight the organizational and legal benefits of engaging foreign experts during administrative judicial proceedings in Ukraine. The methodological framework of the study includes general scientific and specialized methods of cognition. Particular attention is paid to the methods of synthesis and comparison, through which positive practices of European courts are identified. The authors propose two potential solutions to address the issue: introducing amendments to the Law of Ukraine "On Forensic Expertise»; Following general trends in the unification of judicial processes, adopting the draft law "On Forensic Expert Activity in Ukraine," which would provide for the engagement of foreign experts and meet modern citizens' needs in protecting their rights and freedoms

Scientific periodicals of Ukraine
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Astro and Planetary Science
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