D.O. Bezzubov, S.I. Moskalenko Legal Aspects of the Renewal by Administrative Courts of the Missed Procedure Term under the Conditions of Martial Law

This article discloses topical issues of legal aspects of the renewal by administrative courts of the missed procedural period in the conditions of martial law.

The opinion expressed is that the resolution of the issue regarding the renewal of the missed procedural term is an evaluative one, and its resolution rests on the discretion of the court, that is, it is within the discretionary powers of the court.

The applicant's compliance with the above-mentioned conditions regarding the substantiation of the "significance of the reasons for missing" the procedural terms does not oblige the administrative court to make a decision on the renewal of the missed procedural term.

Analyzing the content of part 1 of Article 121 of the Criminal Procedure Code and its interpretation by the administrative courts of Ukraine, we can come to the conclusion that the introduction of martial law on the territory of Ukraine without reference to objectively insurmountable circumstances, in the presence of significant obstacles or difficulties that made it impossible or difficult to timely apply to the administrative to the court within the period specified by law, is not an unconditional basis for renewing the missed procedural period.

It is worth noting that although some administrative courts require applicants to provide the most complete justification of the reasons for missing the procedural deadline, this does not limit the administrative court at its own discretion to evaluate the arguments and evidence of the applicant for the renewal of the missed deadline, which may cause a dispute with the opponent in in connection with the groundless renewal of procedural terms by the court.

In order to achieve legal certainty in public-legal relations, Article 118 of the Civil Code of Ukraine provides for the determination of terms in the administrative process, which is the basis for the conscientious attitude of the participants in the judicial process to the performance of their duties

The administrative court's satisfaction of an unmotivated application for the renewal of the missed term may lead to a discriminatory situation in relation to other subjects of the appeal and violate the principle of equality of parties in administrative proceedings.

Supplementing the procedural law with norms that would clearly define the mandatory grounds for renewing the missed procedural term, including in connection with the consequences of military aggression on the territory of Ukraine, would eliminate legal uncertainty regarding the limits of the application of discretionary powers by the administrative court and would eliminate any assumptions of the participants in the court process regarding the violation of the principle of equality of the parties.

Keywords: administrative proceedings, procedural term, missing the procedural term, Code of Administrative Proceedings of Ukraine, seriousness of reasons for skipping, martial law.