UKRAINIAN MODEL OF ADMINISTRATIVE PROCEDURE

Abstract

In the article the author analyzes the Ukrainian model of administrative procedure, which is enshrined in the Law of Ukraine "On Administrative Procedure" in order to borrow foreign experience – provisions from various European models of administrative procedure and their implementation in the newly adopted law. Recourse to international law in the field of administrative procedure has always been and remains one of the priority ways to improve and develop its own administrative procedure. However, the simple reception of foreign experience will not give the desired result, as it is necessary to take into account national traditions, trends in rule-making and legal understanding. The author believes that you need to borrow ideas, not specific rules. The author chose the most effective and rational foreign models of administrative procedure, in particular the German, Polish and French models, as a reference point for comparison. Using the method fragmentary comparative analysis, attention was focused on the provisions that have already been borrowed and which should be noted in the process of applying the Law of Ukraine "On Administrative Procedure" and possibly amendments to it. The provisions of the following legislative acts are analyzed: the Law of Germany "On Administrative Procedure", the Code of Administrative Procedure of Poland and the Code of Relations between the Public and the Administration of France. The author came to the conclusion that it was the German model of administrative procedure that was adopted as a model and formed the basis for drafting the law. Confirmation is the provisions borrowed by the Ukrainian legislator on the principles of administrative procedure, administrative act, the external law enforcement nature of the procedure. The provisions of the Polish model of administrative procedure, in particular regarding the procedure for appealing an administrative act, are taken into account in fragments. In our opinion, the experience of the French model, which is the most progressive, especially in the application of information and telecommunication technologies in administrative proceedings, has not been taken into account in the Law of Ukraine.