ПРЕДМЕТ РЕГУЛЮВАННЯ ТА СФЕРА ДІЇ ЗАКОНУ УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ»

Abstract

The purpose of the research is to find out the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure», as well as the directions of activity where this law does not work. Methods. The research was carried out by means of the method of formal logic, formal-legal analysis, analysis of legal categories and understanding and their correlation, which allowed to give answers to the questions outlined in the purpose of this scientific investigation. Results. The importance of the Law of Ukraine «on Administrative Procedure» to regulate relations between public administration and private person is emphasized. Its European integration essence is underlined. The importance of administrative procedure for public administration is analyzed. The emphasis was placed on the need for law enforcement activities to define the subject of legal regulation and the scope of the law. Analysis of such fundamental provisions of the law on administrative procedure as administrative case, publicity of legal relations, rights, freedoms and lawful interests of the person, duties of the person, administrative body, functions of public administration, administrative act was made. Their essence and meaning is drawn. The position on the possibility of realization and protection in administrative proceeding of legal interests of the person is substantiated. An approach to understanding the administrative body in its functional context has been formulated. Types of administrative acts are given. The scope of the Law of Ukraine “on Administrative Procedure” and the exceptions to it are outlined. Conclusions. The definition of the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure» is important for law enforcement, as it allows to outline the nature of public relations and the spheres of activity that will be regulated by the LAP. The category «administrative body» is characterized by functional purpose, which has a consequence of expansion of the circle of subjects whose activity is subject to regulatory influence on the part of the LAP. With the adoption of the LAP, the realization and protection of legal interests of the person through the implementation of administrative proceedings have received legal regulation. This opens up opportunities for the settlement of administrative cases involving interested persons, which will allow to take into account the interests of all participants of the proceeding and to adopt administrative act that will satisfy public interests and needs of persons. An administrative act should be understood as a decision or legally significant action on granting a person a right, its realization, assigning to a person the duty stipulated by the law, refusing to exercise the right, about early termination of the act, which is carried out by its cancellation, withdrawal or recognition as invalid. The scope of the LAP is public administration, with the exception of the relations established by the law from its effect.