The International conference “Peculiarities of administrative Procedure during martial law: problematic issues” hosted by the Eighth Administrative Court of Appeal and the Law Faculty of Ivan Franko National University of Lviv was held with the participation of the Deputy Chairman of the High Qualification Commission of Judges of Ukraine Ruslan Sydorovych in Lviv on November 24, 2023.
Mr. Sydorovych, in his address, outlined the issues that explore the phenomena of judicial activism (judicial lawmaking) and judicial restraint as elements of administrative justice. In this framework, he provided detailed information on the theoretical and legal aspects of the analysis of foreign legal practice and its adaptation to national legislation, since judicial activism, with its pros and cons, is a new legal phenomenon that is being adapted to the national legal reality from the Anglo-Saxon legal system and causes certain discussions in society.
During the conference, the participants also discussed a number of other no less important topics, in particular certain aspects of subject-matter jurisdiction in the state of martial law, taxation and public financial policy, and the preparedness of public authorities to the entry into force of the Law of Ukraine “On Administrative Procedure”. They also discussed the peculiarities of the procedure in Polish administrative proceedings and the disciplinary liability of administrative court judges, etc.
The event was attended by, inter alia, judge of the Supreme Administrative Court of the Republic of Poland, the President of the Voivodeship Administrative Court in Warsaw Wojciech Mazur, academic, judge of the Financial Chamber of the Supreme Administrative Court of the Republic of Poland, the Chairman of the Council of the University of Humanities and Sciences in Częstochowa Krzysztof Winiarski, international expert of the EU Project “Pravo-Justice”, judge of the Administrative Court of Vienna Edith Zeller, the Deputy Head of the District Court of Amsterdam for International Cooperation and Rule of Law, member of the Dutch Council for the Judiciary Esther De Rooij, members of the HCJ, judges of the Administrative Cassation Court within the Supreme Court, including the President of the Administrative Cassation Court Mykhailo Smokovych, and judge Ihor Olender, the Head of the Council of Judges of Ukraine Bohdan Monich, the President of the Eighth Administrative Court of Appeal Oleh Zaverukha, Rector of the Ivan Franko National University of Lviv Volodymyr Melnyk, First Vice-Rector of the Yaroslav Mudryi National Law University Mykola Kucheryavenko, and other scholars and representatives of the legal community.
