Principles Of Administrative Procedure Research Articles

GENERAL PRINCIPLES OF ENFORCEMENT PROCEEDINGS IN ADMINISTRATION

Numerous general principles are used in administrative enforcement proceedings, which mainly take a directival form. In the study, research has been focused on the description and analysis relating to general rules of law, principles of administrative law and principles of administrative procedure used in enforcement proceedings. However, special attention was paid to the general principles having their source in the Law of June 17, 1966, on Administrative Enforcement Proceedings.The aim of this research is an attempt to synthesize these principles and show their role in involuntary proceeding. When starting the research, a research hypothesis was put forward, which assumes that the application of general principles in enforcement proceedings in administration guarantees their correct course, and the principles themselves are a set of norms shaped mainly by legal provisions. The analyses carried out allowed to confirm the thesis and to identify a number of de lege ferenda conclusions, indicating the need to revise some rules. First of all, attention was drawn to the lack of terminological consistency regarding the general principles of enforcement proceedings. Further attention was paid to the need for legislative changes regarding the formation of the principle of conducting enforcement in a manner least burdensome for the obliged, which in the author’s opinion is too general. Another conclusion is the demand for a revision of the provisions of Articles 8 to 10 of the Law on Administrative Enforcement Proceedings. These provisions, which are a manifestation of the principle of respect for the minimum subsistence, are outdated and do not reflect the current situation, especially of farmers.

Place and application of the new Law "On Administrative Procedure" in the regulation of public e-services

The article is dedicated to the analysis of the place and application of the new Law "On Administrative Procedure" in regulating public electronic services in Ukraine. Enacted on December 15, 2023, the Law aims to establish a system of unified, understandable, and transparent interaction between public authorities and citizens and businesses. The article examines the main provisions of the Law, focusing on the principles of administrative procedure and norms regulating the resolution of administrative matters using electronic digital technologies. Based on the analysis of legislation texts, comparative analysis, and consideration of practical aspects of the new law's implementation, the conclusion is drawn regarding the importance of applying its norms to the sphere of public services, including those provided through digital technologies. It is found that the Law of Ukraine "On Administrative Procedure" sets general standards for administrative procedure ensuring the observance of rights of individuals and legal entities in relations with administrative authorities, regardless of whether such interaction occurs through physical or electronic channels. Special legislation may define the specifics of providing certain types of public services, but the general standards of the Law of Ukraine "On Administrative Procedure" must be adhered to. The article also highlights the main directions for further research and possible directions for further development of legislation in this area. The application of the provisions of the Law of Ukraine "On Administrative Procedure" allows not just to copy the logic of the paper world into digital services, but to develop innovative approaches. This means that the right to participate in the administrative process can be implemented through online offices, the possibility to submit documents in electronic format, support for communication through digital channels and the creation of additional functions that complement the main service

Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement

The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine "On Administrative Procedure", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as "tools of public administration". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law "On Administrative Procedure". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions "plan", but when it comes to the second type, then use the term "act" - plan act, planning act.

СУТНІСТЬ ТА ОСОБЛИВОСТІ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ В ПУБЛІЧНОМУ УПРАВЛІННІ

B a c k g r o u n d . In Ukraine, administrative procedures are gaining more and more importance, within the framework of which the realization of the rights, freedoms and interests and duties of a person is guaranteed. The specified issue becomes relevant also due to the implementation of the Association Agreement, which leads to the acceleration of the pace of bringing national legislation in line with European standards. The understanding of the issue of definition and peculiarities of the application of the administrative procedure by public administration bodies is also acquired in the aspect of the implementation of the Public Administration Reform Strategy of Ukraine for 2022-2025, among the priority tasks of which is the provision of high-quality, convenient services, as well as understandable procedures for individuals and legal entities. The purpose of the study is to outline the essence and features of the administrative procedure in public administration, taking into account the state of development of this issue in the scientific literature. To achieve the goal, the following tasks were defined: generalize theoretical developments and define the concept and essence of the administrative procedure; to reveal the peculiarities of the implementation of the administrative procedure in the activities of public administration bodies for further reflection in legislative acts. M e t h o d s . The author used a complex of general scientific and special methods of scientific knowledge. The methodological basis of the research is the general scientific dialectical method, which made it possible to clarify the essence of the administrative procedure. The application of methods of analysis and synthesis provided an opportunity to distinguish relevant concepts and phenomena, to reveal their special features. The modeling method was applied during the development of conclusions regarding the definition, meaningful filling and implementation by public management bodies of administrative procedures in Ukraine. R e s u l t s . The given scientific views make it possible to understand the administrative procedure as one of the types of procedural activity of public administration bodies for the realization of the rights, freedoms, obligations and interests of individuals and legal entities. The peculiarity of the administrative procedure for the activity of public administration bodies is in the following aspects: to ensure the organization of the activity of public administration bodies; to guarantee the interests of the person, as well as the rights and freedoms of individuals and legal entities; to create a coherent, consistent and effective procedure of actions of public administration bodies for making a management decision; to ensure transparency and openness in the performance of the functions of public administration bodies during the adoption and implementation of organizational and administrative or managerial decisions. The meaningful content of administrative procedures is their constituent structural elements such as participants (public administration bodies and individuals), persons who contribute to the consideration of an administrative case, stages of the administrative procedure, and administrative acts. The author includes the following stages of administrative procedures: initiation of administrative proceedings; preliminary review of documents; consideration of an administrative case; adoption of an administrative act; execution of an administrative act. С o n c l u s i o n s . Due to the adopted codified legislative act on administrative procedure (the Law of Ukraine "On Administrative Procedure"), existing urgent key problems and inconveniences of legal regulation of administrative procedure should be resolved and streamlined. By enshrining in national legislation, the general rules and principles of administrative procedure, favorable conditions for legal determination will be created and a guarantee will be provided regarding compliance with the rights of citizens and legal entities when public administration bodies determine their rights and obligations.

ЩОДО ПРАВОВОЇ ВИЗНАЧЕНОСТІ ТА КЛАСИФІКАЦІЇ ПРИНЦИПІВ НАДАННЯ АДМІНІСТРАТИВНИХ ПОСЛУГ

The article examines the legal definition of the principles of providing administrative services and proposes a system of these principles through their classification. It has been found that the legal determination of the principles of AP occurs at two levels: constitutional and legislative. The constitutional level determines the general, fundamental principles of public administration, one of the directions of which is the sphere of providing administrative services. The legislative level determines, firstly, the principles of state policy in the field of providing administrative services, and secondly, it establishes guidelines for the implementation of the procedure for providing administrative services. Determining the need to classify the principles of the provision of administrative services in order to identify the connections between them and emphasize their properties, it was proposed to divide the principles of the provision of administrative services into: basic (general), organizational and procedural. Key words: public administration, administrative law, public authority, administrative procedure, principles of administrative procedure, administrative services, principles of administrative services, principles of law, principles of administrative law.

Administrative and procedural guarantees of subjective public rights under military state

The scientific article is devoted to the study of the problems of guaranteeing subjective public rights with the help of administrative and procedural means. The purpose of the article is to study the normative legal acts adopted by the legislative and executive authorities, which introduced changes in the procedure for the exercise by individuals of their rights and performance of duties in the field of public administration; finding out whether the adopted acts ensure the operation of the principles of administrative procedure; analysis of changes in the legal regulation of the procedure for the provision of administrative services; formulation of conclusions on the state of administrative and procedural support for the implementation of subjective public rights in a state of martial law; determining the vectors for further legislative renewal of the institute of administrative procedure, taking into account Ukraine's European integration aspirations. It was stated that in Ukraine, despite the active formation and development of administrative and procedural legislation, there is no general law on administrative procedure, which should enshrine the basic principles and rules that guarantee the right of a private person to proper administration, and the public administration is bound by instructions to act in accordance with the best European standards. The resolutions adopted by the Cabinet of Ministers of Ukraine were analyzed, which changed the procedure for providing administrative services, introduced features of the implementation of a number of subjective public rights. The drafts of some legislative acts have been studied, proposals have been made to improve their content, taking into account the principles of administrative procedure. Based on the results of the study, conclusions were drawn about the leading role of the Cabinet of Ministers of Ukraine in the legal regulation of the administrative procedure, due to the requirements of martial law; the toolkit of administrative and procedural regulation in the conditions of martial law is given, which includes: the extension of the validity of documents, the simplification of administrative proceedings, the digitalization of communication and documents, the extraterritoriality of the competence of administrative bodies, the more active use of interoperability as an opportunity for interaction between public registries, the abolition of aggravating procedures; the necessity of introducing the rules of administrative procedure into the legal field of Ukraine is emphasized, and the possibility of using some tools of administrative and procedural provision of the rights of a private person, applied in martial law, to regulate public relations in peacetime is presumed.

Compatibility of Principles of Administrative Procedural Law

The article is dealing with the principles of administrative procedural law of Serbia but is also of importance from the point of view of European principle of “good administration”. Principles of pure administrative procedure and those of administrative dispute are substantially different. But, having in mind succession in the course of administrative procedure and administrative dispute existing connection between principles of two procedures is obvious. While principle of publicity and principle of dispositivity are contrary to each other, as well as the position of the main participants in mentioned procedure, some principles, as principle of legality, principle of reasonable time for decision-making, establishing the facts at an oral public hearing, principle of finality, use of language, etc. – make them familiar.

Principles of Administrative Procedure and Proceedings in Kazakhstan against the Background of Foreign Experience

The study purpose is to analyze the principles of administrative procedure and proceedings established in the Administrative Procedural Code of the Republic of Kazakhstan, as well as to identify recommendations for their improvement in legislation and in law enforcement practice. The concept and principles of administrative procedure and proceedings are analyzed, and deficiencies in the legal regulation of administrative procedure and proceedings principles are revealed. The study proceeds from the assumption that the existing set of principles of administrative procedure in the Republic of Kazakhstan, set out in the new Administrative Procedure and Processual Code of the Republic of Kazakhstan, limit the possibilities for protecting the rights of citizens in the administrative and procedural order. Being limited to the existing set, they significantly narrow the possibilities for improving administrative and legal norms in the future. Based on the review of specialized foreign legislative regulation in the field of administrative procedure, the study gives grounds to say that when developing a new act, the Kazakh legislator did not use positive foreign experience. The experience of Kazakhstan can be used in other countries that are faced with the need to reform or develop administrative procedural regulations.

UKRAINIAN MODEL OF ADMINISTRATIVE PROCEDURE

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.

ЗАКОН УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ»ЯК ІНСТРУМЕНТ ЗАХИСТУ ПРАВА ЛЮДСЬКОЇ ГІДНОСТІУ СФЕРІ ПУБЛІЧНОГО АДМІНІСТРУВАННЯ

Purpose. The purpose of the article consists in revealing the significance of the Law of Ukraine“On Administrative Procedure” for the protection of the right to human dignity in the field ofpublic administration.Methodology. Research methodology consists of general and special methods of scientificknowledge, and in particular: comparative, systemic-structural, formal-logical methods:deduction, induction, analysis and synthesis. Their use made it possible to analyze the investigatedproblem in the unity of its legal form and social content, as well as systematically and consistentlyapproach the disclosure of the research tasks.Results. The first section of the article describes the normative regulation of the right to human dignityat the level of Ukrainian legislation, notes the special importance of the decisions of the ConstitutionalCourt of Ukraine in revealing the content and role of this fundamental human right in the human rightssystem, and also emphasizes the limitations of its understanding in Ukraine, which as a result leads toto the lack of protection of the right to human dignity during administrative procedures.The second section of the article is devoted to clarifying the essence of the requirement that thepublic administration, when carrying out an administrative procedure, always sees a person as asubject of law. This demand is based on the right of human dignity. It prohibits turning any personinto an object in state procedures, degrading his dignity to the status of a thing. The third section of the article is devoted to the study of the mechanisms of protection of the rightto human dignity, which are laid down in the Law of Ukraine “On Administrative Procedure”.It has been proven that this Law contains a number of provisions aimed at ensuring compliancewith the right to human dignity of a private person in the administrative procedure. In particular,it is about the right to be heard, the requirement for the timeliness of consideration of a privateperson’s case by the public administration, the requirement for proportionality, the requirementfor the openness of the administrative procedure and other ideas that ensure the service of thepublic administration to the person, his needs, rights and legitimate interests.Conclusions. In the conclusions to the article, it is stated that the Law of Ukraine “On AdministrativeProcedure” establishes a qualitatively new legal basis for administrative procedure, which isfocused on the needs of a private person. This novelty is reflected, first of all, in such principles ofadministrative procedure as: guaranteeing the right of a person to participate in administrativeproceedings; timeliness and reasonable term; impartiality (impartiality) of the administrativebody; good faith and prudence; proportionality; openness; presumption of legality of the person’sactions and demands, etc. This Law of Ukraine is focused on the protection of a private person inthe field of public administration, and first of all, on the protection of his right to human dignityfrom violation of the decisions, actions or inaction of the public administration.

Implementation of the rule of equality before the law in administrative proceedings

The most important rules constituting good administrative practices have been selected from the general principles of administrative procedure. They were confronted with the resulting provisions from the European Code of Good Administrative Behavior, and then compiled with the constitutional rule of equality. As a result of the analyzes carried out, a framework for the application of the principle of equality before the law was resolved in the resolution of individual cases in administrative proceedings.

ЗАКОН РЕСПУБЛІКИ ЕСТОНІЇ "ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ": ДОСВІД ДЛЯ УКРАЇНИ

The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens' rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.

The Principles of Administrative Procedure and the EU Courts: an Evolution in Progress?

The Principles of Administrative Procedure and the EU Courts: an Evolution in Progress?

The Promotion of Administrative Justice Act from a German Perspective

ABSTRACTThe Promotion of Administrative Justice Act 3 of 2000 is a milestone in the development of administrative law in South Africa. For the first time the general principles of administrative procedure and judicial review have been codified. One of the great challenges of the drafting process was to come up with legislation that ensures just administrative action and its judicial scrutiny but, on the other hand, does not hamper efficient public administration. Whether Parliament was ultimately successful in achieving this balance is discussed. South African legal academics have expressed concerns about whether the definition of administrative action in the Act is too narrow when read against the minimum requirements of the right to administrative justice in s 33 of the 1996 Constitution. The inclusion of the German concept of ‘direct external legal effect’ to define—and to limit—the scope of administrative action has, in particular, been criticised. The main purpose of this article is to provide an insight into how the German courts have interpreted this and other relevant concepts, and thus to contribute to an informed interpretation of the Act. The article goes further in identifying those areas of administrative law that the Act has not codified, but which are important features of German law in balancing the right to judicial review with the need for efficient public administration.

Principles of Administrative Procedure in EC Law by Hanns Peter Nehl, Hart Publishing, Oxford, 1999, xiii + 170. + bibliography, index

Principles of Administrative Procedure in EC Law by Hanns Peter Nehl, Hart Publishing, Oxford, 1999, xiii + 170. + bibliography, index

Public Support of Higher Education

JN THE following discussion no distinction has been made between the state colleges and universities and the privately endowed institutions relative to the means of support. While the problem of public support might seem to be a peculiar one for tax-supported institutions, at the present time all significant educational enterprises are held to be public in their essential character, without large emphasis upon the sources of support. All of them, in a broad social sense, are public property and have primary responsibilities to the public upon which they depend for their life, either directly or indirectly. Consequently, for the purposes of this discussion, it was not deemed logical to make any distinction between tax-supported and privately endowed higher education. One of the most prominent American educators recently said, in effect, that one of the greatest handicaps under which the American college is laboring at the present time is the fact that the parents of the young men and women who are in attendance do not have an adequate understanding of what the college is trying to do for its students and the community. If it had been relevant to his purposes, this educator might have made the statement a bit broader in scope and meaning. He might have said that one of the greatest handicaps in higher education at the present time is the fact that the people who support it, either directly or indirectly, do not have an adequate understanding of its character, purposes, processes, and results. In the light of this basic defect, this inadequate understanding of higher education on the part of the public, what are some of the important facts and principles which the public ought roughly to comprehend if higher education is to receive intelligent treatment and reasonable financial support? Among the lines along which the public ought to be informed and educated, to create intelligent relationships between the colleges and universities and the supporting public, are the nature of general education, the character of the teaching and learning process, principles of administrative procedure, actual and desired results of higher education, and the part of the public in the formation and control of educational policy. While the value of specialized