КОНЦЕПТУАЛЬНІ ЗАСАДИ АДМІНІСТРАТИВНИХ ПРОЦЕДУР ФОРМУВАННЯ ДЕРЖАВНОГО ОБОРОННОГО ЗАМОВЛЕННЯ

Abstract

The author proposed his own definition of the legal regime of relations in the field of formation of the state defense order. At the same time, based on modern doctrinal views on the assessment of the purpose of the basic structures of defense procurement, which are determined by the specifics of these relations, attention is focused on the need for administrative and legal influence on them, but within strictly limited limits. Analyzing a number of legislative acts, doctrinal achievements of leading scientists, making their own author's interpretation of some phenomena, the author found that the current legislation of Ukraine is insufficiently filled with sectoral rules of administrative procedure for forming the state defense order, as evidenced by the lack of procedures defense procurement. In addition, the legislation does not define certain administrative barriers to the procedures, which puts the state customers in a priority position before the general executor, which is a negative factor given the "service" orientation of Ukraine's development. The author found insufficient scientific development in terms of understanding, interpretation and explanation of the concept of "administrative procedure". A complete and extensive understanding of this area was provided, and the author's understanding of the administrative procedure was provided. An explanation of the administrative procedure for forming a defense order is also provided. In addition, the conceptual principles of the administrative procedure of defense order formation were studied, the zones of their interaction and interdependence were established, each of the basic principles was explained and their implementation incomplete to date in Ukraine was proved. In addition, the author found that the legislator rarely manages to ensure the optimal combination of multidisciplinary norms. As a result, there are such negative trends as ineffective regulation, the formation of destructive legal mechanisms that hinder the normal functioning of legal relations. These trends are fully inherent in the sphere of state defense procurement.