АДМІНІСТРАТИВНЕ СУДОЧИНСТВО В АВСТРІЙСЬКІЙ РЕСПУБЛІЦІ

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The article is devoted to the historical processes of formation and development of administrative justice in the Republic of Austria. The process of establishment of the Administrative Tribunal of Austria-Hungary 1875–1918 is covered. The jurisdiction and structure of the Administrative Tribunal of Austria-Hungary (1875–1918) are analyzed. The process of the formation of the administrative judiciary in the Republic of Austria established in November 1918 is shown. The functions and powers of the Higher Administrative Court of the Republic of Austria after the establishment of the Constitutional Court of the Republic of Austria in 1919 are clarified. Based on the practice of the Administrative Tribunal of Austria-Hungary and the High Administrative Court of the Republic of Austria in 1925 an administrative reform was carried out and a codification of administrative procedural law was carried out. The functions and powers of the Federal Administrative Court of the Republic of Austria after the adoption of amendments to the Constitution of Austria in 1929 as well as the law «On the Federal Administrative Court» of 1930 are characterized. After the coup d'état in Austria in 1933 and the adoption of the Constitution of the Republic of Austria, the Federal Administrative Court was abolished, and its functions and powers were transferred to the jurisdiction of the Federal Supreme Court. The procedures for consideration of administrative cases in the Federal Supreme Court are clarified. The Federal Supreme Court could annul laws, resolutions, government orders and other legal acts due to their inconsistency with the Austrian Constitution of 1934. The procedure for considering administrative cases after the «Anschluss» of Austria by Nazi Germany in 1938 is characterized. After the victory of the countries of the Anti-Hitler coalition and the defeat of the Third Reich in Austria, the Republic of Austria was restored, and the activities of the Supreme Administrative Court were resumed in 1945. The process of the functioning of the administrative judiciary of the Republic of Austria in the post-war period is highlighted and the influence of the European Convention on the Protection of Human Rights on its activity is shown. Keywords: Austria, Republic of Austria, Nazi Germany, administrative court, Constitutional Court, administrative justice, judges, public authorities.