АДМІНІСТРАТИВНИЙ ДОГОВІР ЯК ФОРМА ПУБЛІЧНОГО УПРАВЛІННЯ У СФЕРІ ВИКОРИСТАННЯ ПРИРОДНИХ РЕСУРСІВ В УКРАЇНІ

Abstract

The purpose is to determine the nature of the administrative contract as a form of public administration in the use of natural resources in Ukraine. Methods – analysis, synthesis, comparative law, sociological. Results. In the scientific article the author determined that an administrative contract in the field of natural resources use is a unique form of public management, which is able to solve specific tasks facing the management entity, thus acquiring the characteristics of an individual act of management, but at the same time allows the possibility of reaching an agreement, maintaining the principle of dispositiveness inherent in the contract. By its nature, an administrative contract as a form of public administration is an external form of activity of a public administration entity. It is emphasized that the administrative contract is a type of administrative and procedural procedure in the field of public administration. It is emphasized that eliminating the existing differences in the understanding of administrative and legal forms of public administration requires establishing a legislative definition of the category of legal acts and the category of administrative contracts. The author classifies administrative contracts in the field of use and protection of natural resources. It is established that the intensification of the implementation of administrative contracts in the field of the use of natural resources is a form of public administration that can positively influence the practical solution of such problems as the duplication of powers of public entities of national and regional management and improving the efficiency of public services. It is substantiated that the purpose of applying administrative contracts in the field of natural resources use is to promote openness of power and participation of citizens in government; ensuring high quality of public services; continuous development of the community management system, etc., which is made possible by the intensification of the process of implementation of forms of e-government, the solution of regional environmental resources. Conclusions. In the course of the conducted research it is proved that relations on public management in the sphere of concluding administrative contracts on the use of natural resources belong mainly to the field of administrative and environmental regulation, since the relations between the parties to such contractual relations are based primarily on the principles of subordination and subordination, not coordination and legal equality. It is established that an administrative contract is a unique form of public administration that is able to solve specific tasks facing the management entity, thus acquiring the characteristics of an individual act of management, while still allowing the possibility of reaching an agreement, while maintaining the principle of dispositiveness inherent in the contract.