ПРИНЦИПИ АДМІНІСТРАТИВНОГО ПРОЦЕСУАЛЬНОГО ПРАВА У НОВІТНІХ УМОВАХ СЬОГОДЕННЯ: НАУКОВО-ПРАВОВИЙ АСПЕКТ

Abstract

The article is devoted to the scientific and theoretical research of the modern system of principles of administrative procedural law in the updated conditions of development of the Ukrainian state, proceeding from the needs of quality provision and realization of the legal rights, freedoms and interests of individuals and legal entities in the field of public-legal relations. The author analyzes the regulatory requirements of administrative legislation, the provisions of the doctrine of administrative procedural law to determine the essence and significance of the basic principles that determine the nature, structure, social orientation and the main properties of legal regulation of this branch of law, and on the other – create the proper organizational and functional conditions for the implementation of administrative-processing activities. It is noted that interest in the theory of principles of administrative procedural law is due to the functional purpose of this legal category for: a) the characteristics of the system of administrative procedural law, its separate norms and institutions; b) filling gaps and eliminating conflicts in law; c) the efficiency and “efficiency” of the rules of administrative procedural law during the conduct of administrative and procedural activities. It was established all principles of administrative procedural law are characterized by: ideological orientation, democracy, universality, general significance, higher imperative, efficiency, relative stability, autonomy and certainty, normative certainty. On the basis of an analysis of existing scientific developments on the above-mentioned issues, the author supports and further develops the view on the appropriateness of the division of fundamental principles into: 1) the principles of administrative procedural law that reflect the specifics and content of this branch of law, determine its peculiarities, purpose, tasks and functional purpose; 2) administrative and procedural principles, as established by administrative-procedural legislation, basic requirements that for a long time will not undergo significant changes, determine the nature and content of the subjects of administrative-procedural legal relationships and are used at any stage of the trial (organizational and functional). Formulated scientific conclusions on selected topics are useful for the theory of administrative procedural law in general.