СУТНІСТЬ ТА ОСОБЛИВОСТІ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ В ПУБЛІЧНОМУ УПРАВЛІННІ

Abstract

B a c k g r o u n d . In Ukraine, administrative procedures are gaining more and more importance, within the framework of which the realization of the rights, freedoms and interests and duties of a person is guaranteed. The specified issue becomes relevant also due to the implementation of the Association Agreement, which leads to the acceleration of the pace of bringing national legislation in line with European standards. The understanding of the issue of definition and peculiarities of the application of the administrative procedure by public administration bodies is also acquired in the aspect of the implementation of the Public Administration Reform Strategy of Ukraine for 2022-2025, among the priority tasks of which is the provision of high-quality, convenient services, as well as understandable procedures for individuals and legal entities. The purpose of the study is to outline the essence and features of the administrative procedure in public administration, taking into account the state of development of this issue in the scientific literature. To achieve the goal, the following tasks were defined: generalize theoretical developments and define the concept and essence of the administrative procedure; to reveal the peculiarities of the implementation of the administrative procedure in the activities of public administration bodies for further reflection in legislative acts. M e t h o d s . The author used a complex of general scientific and special methods of scientific knowledge. The methodological basis of the research is the general scientific dialectical method, which made it possible to clarify the essence of the administrative procedure. The application of methods of analysis and synthesis provided an opportunity to distinguish relevant concepts and phenomena, to reveal their special features. The modeling method was applied during the development of conclusions regarding the definition, meaningful filling and implementation by public management bodies of administrative procedures in Ukraine. R e s u l t s . The given scientific views make it possible to understand the administrative procedure as one of the types of procedural activity of public administration bodies for the realization of the rights, freedoms, obligations and interests of individuals and legal entities. The peculiarity of the administrative procedure for the activity of public administration bodies is in the following aspects: to ensure the organization of the activity of public administration bodies; to guarantee the interests of the person, as well as the rights and freedoms of individuals and legal entities; to create a coherent, consistent and effective procedure of actions of public administration bodies for making a management decision; to ensure transparency and openness in the performance of the functions of public administration bodies during the adoption and implementation of organizational and administrative or managerial decisions. The meaningful content of administrative procedures is their constituent structural elements such as participants (public administration bodies and individuals), persons who contribute to the consideration of an administrative case, stages of the administrative procedure, and administrative acts. The author includes the following stages of administrative procedures: initiation of administrative proceedings; preliminary review of documents; consideration of an administrative case; adoption of an administrative act; execution of an administrative act. С o n c l u s i o n s . Due to the adopted codified legislative act on administrative procedure (the Law of Ukraine "On Administrative Procedure"), existing urgent key problems and inconveniences of legal regulation of administrative procedure should be resolved and streamlined. By enshrining in national legislation, the general rules and principles of administrative procedure, favorable conditions for legal determination will be created and a guarantee will be provided regarding compliance with the rights of citizens and legal entities when public administration bodies determine their rights and obligations.