ON THE OFFICIAL DEFINITION OF THE ADMINISTRATIVE CONTRACT

Abstract

The relevance of the article is due to the fact that the administrative contract is one of the important tools of public administration, since its use is aimed at the implementation of the main functions of public administration: 1) its conclusion involves the selection of certain goals and the means necessary for their implementation, that is, actions that constitute the quintessence of the process planning; 2) it, in particular, serves to distinguish the competence of subjects of public-authority powers, determine the order of interaction between them, coordinate their actions, delegate public-authority management functions, and therefore, for organization; 3) it is used to motivate the implementation of the goals of public administration; 4) the terms of administrative contracts belong to the control standards used in the process of implementing the control function of public administration. The purpose of the article is to analyze the official definition of an administrative contract. In the process of realizing this goal, a systematic approach, methods of analysis and synthesis, and the method of expert evaluations have been used. The reasons for the appearance in the Code of Administrative Procedure of Ukraine of a definition of an administrative contract different from the one contained in the first edition of this code have been revealed. Attention is drawn to the most convincing critical assessments of the current definition of an administrative contract. Its definition proposed by O.V. Konstantyi has been analyzed. The following conclusions have been made: 1) an administrative contract is a bilateral or multilateral written agreement (agreement, protocol, memorandum, etc.), which is concluded on the basis and within the limits of the prescriptions of the law and formalizes the will of its parties, one of which is necessarily a carrier of public authoritative powers; establishes, changes, or terminates their mutual rights and obligations in the field of public-legal relations for the purpose of realizing a socially significant goal, which either reflects exclusively public interests, or, along with them, takes into account private interests; 2) this description of the essence of the administrative contract must be supplemented with an exhaustive list of its application areas. Keywords: administrative contract, purpose, interests, agreement.