Some Considerations on the Principles of Administrative Procedure

Abstract

December 15, 2023 The Law of Ukraine "On Administrative Procedure" will come into force and introduce new rules for the interaction of the state with individuals (citizens and business) on the basis of the principles of good administration. A similar procedure applies in all member states of the European Union. The value of principles for relations of administrative procedure is primarily manifested in their law enforcement effect. The relevance of the topic is due to the need to ensure the practical implementation of the principles, which allows to comprehend the purpose and content of the administrative procedure, which means to create conditions for the implementation or protection of the rights and interests of the person and direct the administrative body to the conscientious execution of the assigned powers. The article is aimed at studying the new principles of administrative procedure, which for the first time are recognized as starting points for the implementation of their powers by administrative bodies. The achievement of the outlined goal became possible thanks to the use of a set of methods of scientific knowledge, with the help of which the essence of the principles of administrative procedure was determined, the provisions of normative legal acts were analyzed, in order to ensure their practical significance. The work considers such principles as openness, efficiency, presumption of legality of actions and requirements of a person, formality and guarantee of effective remedies. The characteristic of these principles on the basis of scientific approaches in the legal literature is presented and the corresponding provisions of the Law of Ukraine "On Administrative Procedure" on ensuring their practical implementation are analyzed. On the basis of the study, conclusions were formulated regarding the practical significance of the principles of administrative procedure. First, with their help, the administrative body achieves the correct application of material norms of law. Secondly, they provide minimum unified standards for ensuring the implementation and protection of the rights and legitimate interests of participants in administrative proceedings. Third, they interpret individual institutions and rules of administrative procedure. The obtained results of the study can be further used to assess the legality of the adopted administrative acts, procedural decisions and the performed procedural actions.