Permit system as a special type of activity bodies of public administration

Abstract

The scientific article analyzes modern theoretical ideas about the essence of the concepts of ‘permission’ and ‘permission system’, on the basis of which the author's definition of the concept of ‘permission system’ is formulated, its essence and main features are revealed. Based on the study and analysis of scientific sources and the legal framework, the place of the permit system in the activities of public administration bodies is determined. It was found that the concept of ‘permissive system’ must be considered in two aspects: in a broad and narrow sense. It is substantiated that the concept of a permit system in a narrow sense actually reveals the essence of the exercise of control by an authorized body of public administration over the circulation of objects, materials and substances that pose an increased danger to human life and health and for which special rules or procedures have been established. As we can see, a common feature among the presented definitions of the term "permit" is the mandatory presence of a separate official document from an authorized entity that grants the corresponding right to something, as well as the definition of the objects and subjects of this permit, "...that is, who, to whom , where, under what conditions and during what period provides the opportunity to carry out this or that activity, to use these or that individual objects, substances or materials". The permissive system does not "permit" to have this or that right, but creates an appropriate procedural format for its proper (adequate, compliant with the requirements of the law) implementation. This applies to many other human and citizen rights. They are quite real and inalienable, but for their appropriate implementation, it is necessary to "deploy" (initiate and carry out) procedures prescribed by law, to go through all stages of the process prescribed by law. Legal implementation is procedural by nature, it is difficult to imagine any complex legal relations (and human rights are their embodiment) that could be implemented without procedural design. Considering the fact that the authority to implement the permit system in this area is entrusted to the police authorities, it was concluded that the permit system in the narrow sense should be considered as the permit system of the National Police of Ukraine.