Administrative and procedural guarantees of subjective public rights under military state

Abstract

The scientific article is devoted to the study of the problems of guaranteeing subjective public rights with the help of administrative and procedural means. The purpose of the article is to study the normative legal acts adopted by the legislative and executive authorities, which introduced changes in the procedure for the exercise by individuals of their rights and performance of duties in the field of public administration; finding out whether the adopted acts ensure the operation of the principles of administrative procedure; analysis of changes in the legal regulation of the procedure for the provision of administrative services; formulation of conclusions on the state of administrative and procedural support for the implementation of subjective public rights in a state of martial law; determining the vectors for further legislative renewal of the institute of administrative procedure, taking into account Ukraine's European integration aspirations. It was stated that in Ukraine, despite the active formation and development of administrative and procedural legislation, there is no general law on administrative procedure, which should enshrine the basic principles and rules that guarantee the right of a private person to proper administration, and the public administration is bound by instructions to act in accordance with the best European standards. The resolutions adopted by the Cabinet of Ministers of Ukraine were analyzed, which changed the procedure for providing administrative services, introduced features of the implementation of a number of subjective public rights. The drafts of some legislative acts have been studied, proposals have been made to improve their content, taking into account the principles of administrative procedure. Based on the results of the study, conclusions were drawn about the leading role of the Cabinet of Ministers of Ukraine in the legal regulation of the administrative procedure, due to the requirements of martial law; the toolkit of administrative and procedural regulation in the conditions of martial law is given, which includes: the extension of the validity of documents, the simplification of administrative proceedings, the digitalization of communication and documents, the extraterritoriality of the competence of administrative bodies, the more active use of interoperability as an opportunity for interaction between public registries, the abolition of aggravating procedures; the necessity of introducing the rules of administrative procedure into the legal field of Ukraine is emphasized, and the possibility of using some tools of administrative and procedural provision of the rights of a private person, applied in martial law, to regulate public relations in peacetime is presumed.