ПОРІВНЯЛЬНИЙ АНАЛІЗ ОКРЕМИХ ПОЛОЖЕНЬ ЗАКОНОДАВСТВА ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ УКРАЇНИ ТА ПОЛЬЩІ

Abstract

The comparative analysis of the separate Law of Ukraine "About administrative procedure" and Code of administrative realization of Republic of Poland provisions is carried out in the article. In particular, the state of the normatively-legal providing of functioning of collective subjects of public administration is analysed in Ukraine and Poland. Accented, that Law of Ukraine is "On administrative procedure", that inures on December, 15, 2023, must put in order procedures of mutual relations, that arise up between a person and organs of public administration in Ukraine. The list of positive innovations that Law of Ukraine must provide "On administrative procedure" with inuring his positions is given. On the basis of the conducted analysis drawn conclusion, that the Ukrainian and Polish model of administrative justice is similar. It is marked that a normatively-legal act about administrative procedure must be detailed and touch all important questions in relation to administrative realization. In addition, a group of norms of this act should be aimed separately at regulating the behavior and activities of collegial subjects of public administration. Attention is drawn to the fact that the essence, types, functions and powers of collegial subjects of public administration are defined rather poorly in the adopted Law of Ukraine "On Administrative Procedure". The main components of the administrative procedures that will be carried out by these entities remain unregulated. Legislative gaps regarding the responsibility of collegial administrative bodies can deepen the problem of their violation of the rights, freedoms and interests of individuals. It is argued that it is necessary to create effective mechanisms at the level of the law, which would ensure clear regulation of the procedural aspect of a person's relations with collegial subjects of public administration. A conclusion was made about the need to delimit the regulation of the scope of powers of collegial administrative bodies and to properly reflect the specifics of their implementation in the legislation of Ukraine on administrative procedure. Ways of improving the norms of substantive law, which regulate the rules of administrative procedures, taking into account the experience of the Republic of Poland in this area, are considered.