ПРИНЦИПИ ЕФЕКТИВНОСТІ, РОЗУМНОГО СТРОКУ ТА ОПЕРАТИВНОСТІ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ: ЗМІСТ І ЗАСТОСУВАННЯ ОРГАНАМИ ПУБЛІЧНОГО УПРАВЛІННЯ

Abstract

Statement of the problem formulation in a general form and its relation to important scientific and practical tasks. One of the factors for ensuring the successful implementation of a person’s rights, liberties and responsibilities by the public administration bodies is the existence of administrative procedural legislation, based on the law on administrative procedure. Whereas the public administration bodies implement many administrative procedures, their principles have a high priority. Among a rather wide range of administrative procedure principles, the principles of efficiency, reasonable time and operability are provided to enable the procedure to be carried out quickly, without any delays and additional resource costs.Analysis of recent publications on the problem and identifying the unresolved earlier aspects of the common problem. The issues of the content and application of the principles of efficiency, operability and reasonable time are the subject of research by O.S. Lahoda, O.M. Soloviova, V.P. Tymoshchuk and other scientists; however, there remains a need to deepen the research in the context of determining and comparing the content of these principles and outlining the conditions for their implementation by the public administration bodies in relations with individuals.Setting research objectives (purpose). The purpose of the article is to define the content and implementation conditions of efficiency, reasonable time and operability principles of the administrative procedure.Рresenting main research material. The principles of efficiency, reasonable time and operability belong to the group of administrative procedure organizational principles.In order to ensure compliance with the effectiveness principle and its implementation, the public administration bodies should have a clearly defined range of powers, consolidate their division between structural units and employees, as well as adhere to the official discipline during their performance.The criteria for evaluating the implementation of the administrative procedure efficiency principle by the public administration bodies may include the degree of the goal achievement, style and costs.The reasonable time as a principle of administrative procedure performance implies the deadline defined by legislative acts or determined by public administration bodies, sufficient to resolve an administrative case, as well as the possibility of its continuation, taking into account the prohibition of unreasonable delay in the consideration of the case, which may harm the rights and interests of the person.The criteria enabling to evaluate the application of the reasonable time principle in the administrative procedure comprise the complexity of the issue raised; involvement of persons who facilitate consideration of the case; the significance of the issue or the occurrence of events requiring the speedy resolution of the administrative case; the need to obtain (demand) additional documents and information; the possibility of harm to a person in the event of untimely resolution of his or her case; the exercising by the person the right to appeal against procedural decisions or decisions made.Efficiency as a principle of administrative procedures is the requirement of public administration to apply appropriate and rational means, methods and tools on passing all stages of the administrative procedure.Conclusions from the study and perspectives for further research in the same direction. The substantive content of the principles of efficiency, reasonable time and operability, which should be reflected in the legislation on administrative procedure in Ukraine, are as follows:the principle of efficiency – the requirements of public administration bodies concerning a detailed definition of their responsibilities and their implementation; duty use of most effective methods, means and tools; efficiency of organizational processes that should provide best results at the lowest appropriate resource costs; the principle of reasonable time – the requirement to establish by legislative acts or determine by the public administration bodies a period sufficient for the resolution of an administrative case, as well as the possibility of its continuing in view of the prohibition of unreasonable delay in the proceedings, which could harm the rights and interests of the person; the principle of operability – the requirement for public administration bodies to apply appropriate and rational means, methods and tools on passing all stages of the administrative procedure in order to resolve the case as soon as possible.The subject of further scientific research may be the issues of the substantive content of other principles of the administrative procedure and their implementation by public administration bodies, as well as the means and tools for applying the analyzed principles in the practical activities of public administration bodies.