ПРОБЛЕМНІ ПИТАННЯ ПРАВОВОГО РЕГУЛЮВАННЯ АДМІНІСТРАТИВНИХ ПОСЛУГ В УКРАЇНІ

Abstract

Problem statement. In the process of European integration and the implementation of the Association Agreement between Ukraine and the European Union and its Powers, one of the most important problems of Ukrainian society is the legal regulation of procedural relations between executive authorities and local self-government bodies with individuals and legal entities. One of the components of this legal relationship, in particular the provision of services, remains not enough investigated and debatable issue. One of the criteria for the effectiveness of public authorities is the quality of the provision of services. From the completeness and timeliness, availability of services depends largely on the citizen's attitude to the system of public administration, the state as a whole. The purpose of the paper is to summarize the legal and regulatory framework for the provision of services in Ukraine and identify the main issues of legal regulation and ways to solve them. The main task is to analyze regulatory documents that provide the scope of services provided and identify conflicts during their application. The Encyclopedia of Public Administration considers the category administrative service (hereinafter – AD) the result of implementation of authority by an authorized entity, which, in accordance with the law, ensures the legal registration of the conditions for implemenattion of rights, freedoms and legal interests by individuals and legal entities upon their application (issuance of permits licenses), certificates, certificates, registration, etc.). The current legislation of Ukraine on services is based on normative legal acts, which include the Constitution of Ukraine, the codes of Ukraine, laws of Ukraine, legal acts of the Cabinet of Ministers of Ukraine and local legal acts. Despite the existence of a sufficient number of regulatory acts which regulate the functions of providing services, experts insisted on the necessity to develop and adopt legislative acts that should define the basic principles and features of procedures and requirements for the quality of public authorities in this area. The Law of Ukraine On Administrative Services, which was adopted on the sixth of September in 2012 and was called to ensure realization of the tasks of introduction of democratic principles of government and elimination of deficiencies in the relevant field, after which the system of provision of services became modern. This law actually introduced centers for the providing of services. Today, most of the services in Ukraine are provided by central executive authorities and their territorial divisions. These services include: birth registration, marriage registration, death registration, and other acts of civil status; registration and issuance of passports; registration of place of residence; the appointment of various types of social assistance and subsidies; registration of posessiveness to real estate; registration of vehicles and issuing, driver's licenses. registration of entrepreneurship and others. Conclusion. Thus, there is a sufficient legal and regulatory framework for the functioning of services system in the country. But the lack of an Administrative Procedural Code and the non-regulation of certain aspects of the mechanism for providing services causes a necessity to carry out scientific advances on the improvement of regulatory legal acts for improving the quality of services, ensuring the organization of providing high-quality services based on the processes of and territorial reform, territorial communities in particular. Meanwhile, it is urgently necessary to adopt the Law of Ukraine On Administrative Fee, which will determine the legal basis for the collection of fees, payers, the size of fees, the procedure for payment, exemption from payment and the return of fees. The absence of legislative definition of the concept of standard of service and the size of the collection rate leads to corruption risks in providing of services, both by the authorities and local self-government bodies.