REFORMING THE SYSTEM OF ADMINISTRATIVE COURTS – A PATH TO ENHANCING THE ACCESSIBILITY OF ADMINISTRATIVE JUSTICE

Abstract

The article conducts a comprehensive analysis of the reform of the administrative court system in Ukraine, viewed as a strategic imperative for increasing the effectiveness and accessibility of judicial protection within public-law relations. The relevance of the study is driven by the necessity of strengthening the rule of law and restoring public trust in the judiciary. The effective functioning of administrative justice, based on the constitutional principles of territoriality, specialization, and instancy, is a key element in realizing an individual’s constitutional right to judicial protection. The study explores the evolution and organizational changes within the administrative court system, starting from its foundation in 2005 and the significant optimization of the appellate court network in 2017. It is emphasized that these changes were aimed at improving access to court and raising the quality of judicial review. Particular attention is paid to the most recent legislative changes of 2022–2025, which generated considerable public response. Specifically, the paper examines the procedure for the liquidation of the Kyiv District Administrative Court, prompted by substantial public distrust, and the creation of the Kyiv City District Administrative Court. A central element of the current reform is the introduction, by Law No. 4264-IX, of the Specialized District Administrative Court (SDAC) and the Specialized Appellate Administrative Court (SAAC). Both are located in Kyiv but possess nationwide territorial jurisdiction. The purpose of establishing these higher specialized courts, as stipulated in international and strategic documents, is to ensure the independent, professional, and transparent review of socially significant cases against central government bodies. The specific subject-matter jurisdiction of the SDAC as the court of first instance is detailed: it will hear administrative cases concerning challenges to acts by central authorities, disputes in the areas of antitrust regulation and state aid, state media regulation, the annulment or prohibition of political parties, and challenges to decisions by competition commissions for high-ranking officials and heads of anti-corruption bodies. The SAAC is designated as the appellate instance for decisions rendered by the SDAC. The article highlights that the implementation of this reform creates an acute challenge in forming a highly qualified and independent judicial corps. Judges of these specialized courts must possess not only an impeccable reputation and resilience to pressure but also specialized knowledge in the fields pertinent to their jurisdiction (anti-corruption legislation, civil service, banking regulation). In summary, the reform of the administrative court system through the creation of new specialized institutions and the optimization of the judicial network is deemed a necessary step for improving the efficiency, transparency, and accessibility of justice, and for bringing Ukraine’s judicial system into line with European standards.