Abstract
The article describes another version of the draft basic act of administrative legislation ‒ the Law of Ukraine “On Administrative Procedure”, which was submitted by the Cabinet of Ministers of Ukraine and registered in the Verkhovna Rada of Ukraine in May 2020. The task of the research is to clarify the main innovations of the official draft law compared to its previous versions on conceptual issues: the subject matter of legal regulation and its scope, including the relationship with special legislation, as well as the general structure of the draft law. In addition, the study describes some specific administrative procedural rules that have been added or removed in the updated version. The analysis reveals both positive and poorly justified innovations in the latest official draft law. In particular, it is concluded that the most significant shortcoming is the further lack of a clear definition of the future scope of this general legislative act and its relationship with acts of special legislation. To eliminate this shortcoming, it is proposed to list the areas of public administration to which this act will not apply, or to name the legislative acts in which special administrative procedural rules will apply. It should be done already in the first articles of the draft law. The updated draft law has been substantially supplemented by a number of new legal norms aimed at the introduction of digital electronic technologies in public administration. While supporting most of the proposed innovations in this direction, it is noted that their placement in the text of the draft law does not always correspond to the established and logical construction of procedural codified acts and requires systematic revision. It is also clarified that the updated draft law took a step towards harmonizing other legislative acts (in particular, the Law of Ukraine “On Administrative Services”) with the norms of the future general law (code) on administrative procedure. However, in general, the draft law remains poorly aligned with other acts of Ukrainian legislation that will remain in force. In this context, more radical changes to the current legislation are supported, and, in particular, the complete repeal of the Law of Ukraine “On Citizens' Appeals” and the adoption of the Law of Ukraine “On Petitions” along with the analyzed act on administrative procedure. As a result of identifying these and the other shortcomings of the updated version of the draft Law of Ukraine “On Administrative Procedure”, there is no doubt expediency to finalize its content once again before final adoption.
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