Theoretical and legal analysis of normative and legal bases of regulation of administrative and legal services provided by the State Migration Service of Ukraine

Abstract

This article analyzes the content of legislative and bylaws governing the provision of administrative services by the State Migration Service of Ukraine.
 The author singles out a number of controversial issues in the Law of Ukraine "On Administrative Services". In particular: 1) determination of the range of subjects of appeal; 2) the lack of the principle of digitalization during the formation of state policy in the field of administrative services; 3) absence of out-of-court appeal of the decision and actions of the officials authorized in accordance with the law to provide administrative services, administrators. Therefore, it is proposed to supplement the Law of Ukraine "On Administrative Services" with a rule that one of the rights to determine the right of the subject to extrajudicial appeal against decisions and actions of officials authorized by law to provide administrative services, administrators. When exercising the right to an administrative appeal, the subject of the appeal has the right to a direct administrative appeal and a diagonal administrative appeal; 4) lack of mandatory monitoring of control over the number of services provided by authorized entities and, accordingly, the quality of their provision (successful implementation of the principles of providing administrative services); 5) lack of norms that take into account the peculiarities of providing administrative services in cases of formation of a united territorial community.
 It is noted that the lack of outlined shortcomings of the special legal act creates negative conditions for neglect of certain administrative and legal norms for the provision of administrative services and creates conflict situations in which the subject can not fully receive quality and fast necessary administrative service, including including in the field of migration, citizenship.
 It is proposed to understand the system of legal norms that regulate public relations arising during the provision of administrative services in the areas of migration, citizenship, registration of citizens of Ukraine, foreigners, stateless persons under the regulatory framework of regulation of administrative and legal services provided by the State Migration Service of Ukraine. , refugees and other statutory categories of migrants.