Rules Of Administrative Law Research Articles

Legal Risks of Digital Governance in the AI’s Era --- Concerns About the Power’s Digitization

The power’s digitalization in the era of artificial intelligence refers to the deep coupling of technical logic and power logic after digital technology is embedded in the power operation mechanism, thereby promoting a more comprehensive technological transfer in power distribution. With the assistance of technology, power has moved behind the scenes, but the power's ability to control society has been enhanced. The external characteristics of this phenomenon are strong technicality, concealment and intrusion. There are three aspects of the internal logic that led to its emergence: human digital survival has become the norm, the diffusion effect of power is significantly better than its coercive power, and the black box operation space brought by digital technology and people's dependence on digital codes. Using comparative research, empirical research and literature analysis, the challenges encountered by traditional administrative rule of law are explained. The basic principles of modern administrative rule of law established since the 19th century are quietly changing, especially in two aspects: digital technology has eliminated the basic rights of citizens represented by privacy rights and basic political rights, making discretionary power difficult to control and the definition of traditional legal responsibilities difficult. These are challenges to the basic principles of modern administrative law since the 19th century. Controlling or narrowing the legal gaps caused by the digitization of power, combining public and private law protection of citizens' right to information, and establishing a legality review system for technology operations centred on the controllability of digital technology and public participation should become a feasible approach.

Comparative Analysis of Administrative Liability for Driving While Intoxicated in the Commonwealth of Independent States

The aim of this paper was to reveal the specifics of administrative legislation of Kazakhstan and other Commonwealth of Independent States countries. The authors employed various methods of scientific research, namely analysis, synthesis, comparison, deduction, abstraction, and the formal- legal method, and defined the dominant role of fully functioning administrative liability in the country’s legal environment. In addition, they investigated administrative sanctions as one of the legal norms applied to a person who is driving while intoxicated. Distinctive features of the legal acts of the above countries were singled out, and the corpus delicti of this administrative offence, possible sanctions, and qualifying characteristics examined. This helped to identify the main approaches among CIS lawmakers to the rules of administrative law. The authors also noted the advantages of Kazakhstan’s code of administrative offences, in particular a large number of qualifying characteristics.

Theoretical and legal issues of defining digital currencies as an administrative and legal phenomenon

The last decade has seen a rapid growth of innovations in the field of IT technologies, one of the consequences of which was a change in the approach to the payment system – for the first time in human history, electronic records rather than real funds were provided in exchange for goods and services, which made it possible to represent money and currencies in a virtual form. The emergence of cryptocurrencies and the development of electronic payment systems have created the basis for the emergence of digital currencies, a technological innovation that performs the exchange functions of money, but operates outside the modern banking sector and has developed outside the supervision of monetary regulators. Since the first digital currency, bitcoin, was created, the digital currency market has been growing rapidly and has already become significant for the global economy. Currently, digital currencies are widely used in the economic and legal environment of Ukraine. Despite certain attempts by the national legislator to regulate relations in the field of digital currencies, a number of aspects remain unaddressed by the legislator, there is legal uncertainty regarding activities related to digital currencies, there is no regulation of the procedure for the activities of entities providing services in the field of digital currencies, and, most importantly, the terminology for defining the definition of digital currencies in the legal plane is not regulated at the doctrinal level. This is important in the context of the development of administrative law and the related phenomenon of "digital currency". The purpose of the paper is to study the theoretical and legal issues of defining digital currencies as an administrative and legal phenomenon. The paper examines the definition of the category «digital currency» – a digital object intended for payment functions contained in the form of a set of electronic data (digital code or designation) in an information network operating on the basis of distributed ledger technology, the circulation of which is regulated by administrative law. The analysis has shown that there are numerous approaches to understanding legal relations in the field of digital currency circulation. These relations are based on the principles of discretion and equality of the parties with a mandatory method of legal regulation. Therefore, administrative legal relations in the field of digital currencies are social relations regulated by administrative law regarding the possession, use and disposal of digital currencies in accordance with the rules of administrative law.

Coordination and Development of Public Interest Protection and Administrative Legal Construction

The purpose of this study is to deeply explore the internal relationship between the protection of public interests and the construction of administrative rule of law, and put forward some strategic suggestions to promote their coordinated development. By analyzing the relationship between public interest guarantee and administrative rule of law construction, this study reveals the mutual promotion relationship between them: public interest guarantee is an important goal of administrative rule of law construction, and administrative rule of law construction is an effective means to realize public interest guarantee. On this basis, this study puts forward a series of strategic suggestions, including improving the system of administrative laws and regulations to provide solid legal protection, strengthening administrative supervision to prevent power abuse and corruption, and promoting openness of government affairs, enhancing transparency and public participation in government decision-making, so as to promote democratic and scientific decision-making. These strategies are aimed at ensuring the maximum protection of public interests and promoting the continuous improvement and development of administrative rule of law. This study is of great theoretical and practical significance for deepening the understanding of the relationship between the protection of public interests and the construction of administrative rule of law, and guiding the policy formulation and implementation in practice.

The Strategy of Establishing E-government and Developing the Performance of Public Administration

This paper illustrates the factors contributing to developing an integrated strategy for the successful implementation of e-government in practice. Method: To achieve this, this study follows a comprehensive descriptive and developmental approach to the performance of e-government to identify the modern and requirements for implementing the e-government system. Therefore, the study focuses on modern concepts and new methods of electronic government, which led to the emergence and development of electronic management. Results and conclusion: The results indicated that new institutions and modern legislation appeared that regulate the relationship between e-government and public administration on the one hand and its relationship with citizens and companies on the other hand. The study concluded that it is necessary to activate legislative practices to achieve an integrated legal system for e-government. This is done by developing the rules of administrative law and establishing modern electronic administrative legislation that regulates all public administration activities, in addition to establishing and developing electronic constitutional regulations that consolidate the principles of democracy, political unity, and accountability.

Electronic Services for Public Facilities An applied study of the principle of changing the rules governing Palestinian public facilities.

This research deals with the issue of electronic services provided by some public facilities in Palestine, as it has been addressed within one of the most important foundations of administrative law related to changing the provisions of the management of public facilities according to variables and circumstances. This research links these services to the concept of modern digital management used to manage public facilities, and it presents an analysis of these services in Palestinian administrative law from the perspective of their legal legitimacy within administrative law. It also clarifies the nature of the services that can be provided through the electronic services clause and those that cannot be a substitute for that. It also provides a realistic analysis of the most important Palestinian public services that are provided by digital administration from through electronic services. The aim of this research is primarily to address the methods of managing some facilities and providing electronic services through them, and thus the relationship of providing these services electronically to the changes that occurred in the management of public facilities in Palestine due to the war, or due to the interruption of communication between cities as a result of the barriers placed by the Israeli occupation, especially in the West Bank. Western and the resulting impossibility of providing services in person in most public facilities. The researcher used the analytical method in this research to analyze the principles that govern the management of public facilities in accordance with the rules of administrative law, as well as jurisprudence and comparative and Palestinian jurisprudence to reach a set of results, the most important of which is the legitimacy of providing public services through the electronic services system, and that there is a group of services with Privacy, such as treatment, interviews, etc., cannot in any way be provided as electronic services, and there is room to develop some services to be provided electronically after processing them legally, such as litigation and employment services, licensing services, etc. The research also reached a set of recommendations, the most important of which is developing the government electronic services system in Palestine through legislative and technological support. The trend towards supporting electronic services in the judicial authority by supporting electronic litigation and other recommendations.

РЕАЛІЗАЦІЯ ПРАВ ТА ОБОВ’ЯЗКІВ ПЛАТНИКІВ ПОДАТКІВ ЯК ОБ’ЄКТ АДМІНІСТРАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ

The article is devoted to the exercise of rights and obligations of taxpayers as an object of administrative and legal relations. The author notes that payment of taxes is a taxpayer's obligation to ensure the overall functioning of the State mechanism and is an indicator of special attention to the economic and social well-being of the population. After all, a high level of tax payment may indicate that people have a stable income, well-being and trust in the state, while a low level, in turn, may indicate economic problems, shadow economy, distrust in the state or a low level of social guarantees. Particular attention is paid to administrative law rules, which define general principles and rules applicable to all administrative and legal relations, including in the exercise of taxpayers' rights and obligations, while tax law rules establish specific rules and procedures for taxation, as well as the rights and obligations of taxpayers and the State Tax Service of Ukraine. At the same time, administrative and legal relations in the tax sphere are not static, since they are constantly evolving and changing as a result of changes in tax legislation. It is determined that administrative and legal regulation of the exercise of taxpayers' rights and obligations is aimed at ensuring law and order in the tax area, protecting the rights and legitimate interests of taxpayers and facilitating the good faith performance by taxpayers of their duties, since taxpayers are obliged to pay taxes and fees in a timely manner and in full, to keep tax records, to keep documents confirming payment of taxes and fees, and to provide the State Tax Service of Ukraine with information on the payment of taxes and fees.The author comes to the conclusion that administrative and legal regulation of the exercise of rights and obligations of taxpayers is aimed at: ensuring law and order in the tax area, protecting the rights and legitimate interests of taxpayers and facilitating the good faith performance of taxpayers' obligations, etc.

Перевірка – як різновид правового забезпечення мобілізації громадян україни в умовах воєнного стану

The protection of state sovereignty and territorial integrity of Ukraine is one of the constitutional duties of citizens. Under the legal regime of martial law, administrative and legal means of conducting a balanced State policy on mobilization, and creating an appropriate human resources potential for the protection of the State sovereignty and territorial value of Ukraine are of particular importance. The authors of the article state that verification of a citizen's identity documents is one of the means of clarifying and establishing the identity of a citizen by authorized officials of state authorities, local self-government and military administration, in particular, by the Territorial Centers for Recruitment and Social Support. Regulatory legal acts of Ukraine regulate the relations arising in the course of verification of citizens' identity and provide for supervision/control over compliance with the law by officials authorized to carry out the verification. The authors of the study aimed to identify the causes and conditions that lead to conflicts during the verification of documents under the legal regime of martial law by military officials of the Territorial Recruitment and Social Support Centers. The authors emphasize that the legal means of resolving conflicts arising during the verification should be enshrined in the substantive and procedural rules of administrative law. The author emphasizes that a compromise is a possibility of reaching a full agreement during the verification of an individual's documents. The author proposes a list of cases where a compromise may be reached between the parties to the document verification. It is noted that the use of physical force, special means or weapons is an extreme measure which is allowed in exceptional cases and in accordance with the procedure clearly defined by law.

Administrative law as a determinant of public health

Administrative law comprises the rules, values, and processes by which government and regulatory decision-making is subject to administrative monitoring, review, and accountability. It impacts public health in two ways: through the design, powers, and processes of institutions that enforce administrative law; and through the substantive rules of administrative law. Yet despite its fundamental regulation of the way in which public health decisions are made, insufficient research has been conducted on administrative law as a determinant of public health. Administrative law and public health operate as siloed academic disciplines with very little cross-disciplinary collaboration, engagement, or understanding. This results in major, untapped research opportunities exploring how administrative law could contribute to an optimized model of planetary health in both higher income and lower-middle income countries. Put simply, a holistic, global view of the determinants of public health must take due account of the accountability rules and controls that regulate how public health, and other, decisions are made. This commentary is a call to action to better understand how administrative law mechanisms, such as judicial review, administrative tribunals, ombudsmen, information commissioners, public auditors, and human rights monitors, can be designed or redesigned to better promote sustainable public health outcomes.

Das Verwaltungsverfahrensgesetz – ein großer Schritt der Ukraine auf ihrem Weg in die Europäische Union

The entry into force of the Law on Administrative Procedure on 15 December 2023, is a significant event in the life of the Ukrainian state, for its national legal culture, for the modernization of its administrative law and for the development of an administrative culture based on the rule of law. The law is a legal breakthrough, as it finally completes the codification of Ukraine's general rules of Administrative Law after a quarter of a century of repeatedly faltering reform efforts. As the general administrative law is concerned, Ukraine now has, in principle, the same standard as its Eastern and Central European neighbors, which joined the European Union in 2004. While it is a tragedy that the law is coming into force under emergency conditions because of Russia's war against Ukraine, this fact does not deprive the reform of its historic significance!

Typing Analysis and Normalization Construction of Administrative Rating

Administrative rating is widely used in administrative management activities as a means of classifying supervision, which not only investigates the previous performance or status of rating objects in established fields, but also provides a reference basis for subsequent regulatory behaviors, resulting in the risk of abuse. Administrative rating should have its legality and legitimacy if it is to operate under the framework of administrative rule of law. Therefore, it is necessary to introduce principle of legality, principle of proportionality and principle of remedies to construct the scope of application areas of administrative rating, information collection and processing system in rating and right relief based on the lack of administrative rating norms in application, procedure and relief.

Norms of administrative procedural law: the concept and some aspects of the relationship with the rules of substantive administrative law

An attempt is made to analyze the features and essence of the rules of administrative procedure, as well as some aspects of their relationship with the substantive rules of administrative law. In particular, it is noted that the rules of administrative procedural law: are the primary elements of the system of administrative procedural law; are derived from the rules of administrative law, as they provide sufficient procedural conditions for the implementation of its regulatory, protective and procedural rules; have a specific structure due to the sphere of objectification; enshrined in the Code of Administrative Procedure of Ukraine and other acts of administrative procedure legislation; aimed at the legal regulation of public relations arising in the field of administrative proceedings; have the purpose - fair, impartial and timely resolution by the court of disputes in the field of public relations in order to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).
 It is summarized that the norms of administrative procedural law are a primary element of the system of administrative procedural law derived from substantive legal norms, which has a specific structure due to the sphere of objectification, aimed at legal regulation of public relations arising in administrative proceedings for effective protection. rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power.

Norms of administrative law: a modern view of the features and essence

An attempt is made to analyse the features and essence of the rules of administrative law in terms of recent trends in the doctrine of administrative law. In particular, among the permanent features of the rules of administrative law are the following: are the primary elements of the system of administrative law; have a specific structure due to the sphere of objectification; aimed at the legal regulation of those social relations that constitute the subject of administrative law; their priority goal is to provide conditions for the implementation and protection of individual rights and freedoms in the public sphere; the vast majority of administrative law is imperative, but at the same time, a significant number of administrative law is dispositive in nature, which consists in giving an entity that is not endowed with administrative powers, the right to act at its discretion; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).
 Based on this, it is summarized that the administrative law is the primary element of the system of administrative law, which has a specific structure due to the scope of objectification, aimed at legal regulation of public relations that are the subject of administrative law, with priority to provide conditions for implementation and protection of the rights and freedoms of the person in the public sphere, the realization of which (goal) is ensured by means of a system of certain means (state-coercive, stimulating, etc.).

Correcting Mistakes and Clarifying Ambiguities in Public Procurement Tenders:

Incomplete tenders and missing information seem to be a known constant in public procurement, confronting contracting authorities with legal challenges and critically influencing the results of public purchasing. Faced with a non-conforming tender that cannot be accepted, a contracting authority must choose between two options: to reject the tender or to ask for correction of mistakes in the tender. Exceptionally, instead of the option to clarify, the requirement of proportionality may justify an obligation to do. Subject to a complex discretionary decision, making the choice between a rejection and a clarification has to follow the general principles of EU public procurement law and good administration as well as the national administrative law rules. This article looks at the topic with the help of examples from Estonian case-law. By analysing both the relevant procedural and substantial rules, we draw guidelines to assist navigating the legal maze of conflicting considerations that concern the correction of mistakes and clarification of ambiguities in public procurement tenders. Keywords: clarification of tender; correction of mistake in tender; principle of proportionality

THE STRUGGLE OF WORLDVIEWS IN THE FORMULATION OF LEGAL NORMS ON MEASURES OF ADMINISTRATIVE AND PROCEDURAL ENFORCEMENT

The article reveals the main contradictions that arise between the scientific worldview and the worldview of the legislator on measures of administrative coercion. Emphasis is placed on the fact that in the development of regulations that contain administrative law, often ignore the achievements of the science of administrative law and process and use the achievements of related sciences, in particular, the theory of state and law, theory of public administration, theory of procedural law, etc. On the one side, this indicates the openness of knowledge of administrative law, because it uses the experience of other sciences, and, on the other – the chaos of scientific knowledge about administrative law phenomena, as well as the further process of unbalancing the existing doctrine of administrative law. On the example of the provisions of the Law of Ukraine “On the National Police” the inconsistency of the norms of the administrative legislation with the provisions of the doctrine of administrative law on measures of administrative coercion is revealed. Also, on the example of the provisions of the Code of Administrative Procedure of Ukraine, the influence on the process of formation of norms of administrative law on measures of administrative coercion of the provisions of the theory of civil procedural law is revealed. It is proved that the measures of procedural coercion are heterogeneous in terms of target orientation and consequences of application. Some of them are aimed at providing evidence in the case, some – to ensure court proceedings, and some of them – to punish the person who violated the requirements of procedural law. Instead, administrative procedural legislation, regulating measures of procedural coercion, ignores the theory of administrative law and process and borrows the experience of civil procedural and economic procedural regulation. It is emphasized that the unification of procedural legislation, which is taking place today in Ukraine, destroys the system of science of administrative law and process. It is concluded that the rules of administrative law, which enshrine measures of administrative coercion and measures of procedural coercion, indicate a significant gap between the theory of law and rule-making, which threatens the continued existence and development of the theory of administrative law and process.

Features of administrative and legal regulation of healthcare in Ukraine

The article is devoted to the study of the peculiarities of the administrative and legal regulation of health care in Ukraine and the definition of priority areas for its improvement. It was found that the rules of administrative law occupy a dominant position among the rules of other branches of law in the field of public health. It is determined that legal regulation and administrative-legal regulation are correlated as species and generic concepts, but administrative and legal regulation is limited to social relations governed by the rules of administrative law. Emphasis is placed on the norms of the Constitution of Ukraine, which determine the direction of administrative and legal regulation of health care in Ukraine. The concept of «legislation» in a broad and narrow sense is revealed. The normative-legal acts and by-laws, which play an important role in the administrative-legal regulation of health care in Ukraine, are singled out. Emphasis is placed on bylaws of general bodies, including acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, departmental bylaws - the Ministry of Health of Ukraine, the National Health Service of Ukraine, acts of local governments on health care. It is emphasized that the presence of a wide range of health management entities the authority to adopt bylaws has led to the existence of a significant number of the latter, which raises the question of systematization of legislation in the field of health care. Two approaches to the systematization of acts of Ukrainian legislation in the field of health care are considered - codification, the result of which should be the Medical Code of Ukraine, and consolidation, which aims to determine the structure of the future codified act, identify contradictions, inconsistencies, gaps in health care legislation. It is concluded that the systematization of legislation in the field of health care is inexpedient because, first, the existing traditions of lawmaking and law enforcement in Ukraine indicate the need for laws that establish formal provisions in the field of health care and bylaws that specify and provide practical implementation of legislation, secondly, the ongoing reform of the health care system in Ukraine requires the adoption of a number of regulations that supplement existing legislation, thirdly, the right of a number of entities to adopt regulations raises the question of reviewing the latter’s powers to regulate reducing the number of their acts.

System of Administrative and Legal Regulation of the Status of the Cabinet of Ministers of Ukraine in the Field of Scientific, Research and Technical Activity in Ukraine

The author of the article studies the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine. The correlation of the concepts of administrative and legal regulation and the mechanism of administrative and legal regulation is determined. The existence of the concept of administrative and legal regulation of the status of subjects of administrative and legal relations, in particular, the Cabinet of Ministers of Ukraine, is substantiated. Based on this, the peculiarities of the elemental composition of the mechanism of legal administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine are determined.
 Administrative and legal status in the system of administrative and legal regulation is considered as a structural element, an integral part of it. At the same time, it is part of the subject of legal regulation by the rules of administrative law. Its constituent elements (principles, goals, tasks and functions, the procedure of creation, reorganization, liquidation, procedures, the right to official symbols, linear and functional subordination, the rights and responsibilities of the subject) are determined by administrative law, through the definition of rights and the responsibilities of a subject is influenced by public relations, the participant of which is such a person. Thus, we can talk about the administrative and legal regulation of the legal status of the subjects of administrative and legal relations, and hence about the mechanism of administrative and legal regulation of the status of such subjects. However, the administrative and legal status in this case will not be part of the elemental mechanism of administrative and legal regulation, because it is the subject to the influence of administrative norms in this case.
 Thus, the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine can be presented as follows:
 – administrative and legal norms that determine the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine, their sources;
 – principles of the activity of the Cabinet of Ministers of Ukraine in the sphere of administrative relations in the field of science and technology in Ukraine;
 – interpretation of administrative and legal norms regulating the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific and scientific and technical activities in Ukraine;
 – the nature of administrative and legal relations in the field of scientific, research and technical activities, the participant of which is the Cabinet of Ministers of Ukraine;
 – individual acts of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity;
 – forms of activity of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity as the participant of administrative and legal relations;
 – methods of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine;
 – administrative and legal regimes regulating the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine;
 – administrative procedures of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities;
 – efficiency of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity.

النظام العام وأثره على مدى توافق حکم التحکیم مع الأسس العامة للعقود الإداریة

يعتبر اللجوء الى التحکيم لفض المنازعات العقدية من الامور المسلم بها في وقتنا الحالي نظرا للمميزات التي يتمتع بها النظام القانوني للتحکيم، ومع تطور دور الدولة وانتقالها من الدولة الحارسة الى الدولة المتدخلة جعل منها طرفا في عقود التجارة الدولية وعقد الأستثمار ووعقود استغلال الموارد الطبيعية، وبطبيعة الحال فأن الجهات الأجنبية المتعاقدة مع الدولة تشترط فض المنازعات من خلال الجوء الى التحکيم لاتمام العقد. الا ان للعقود الإدارية طابعها الخاص، حيث تکون الجهة الإدارية المتعاقدة في مرتبة اعلى من المتعاقد معها وتتمتع بسلطات لا وجود لها في القانون الخاص، کما ان العقود الإدارية ترتبط بقواعد القانون الإداري والذي تعتبر جميع قواعده من قواعد النظام العام التي لا يمکن مخالفتها او تجاوزها، لذلک تظهر لدينا مشکلة تتعلق بتعارض اللجوء الى التحکيم مع النظام القانوني للعقود الإدارية وکيفية التوفيق بينها. لذلک سيقوم الباحث بتوضيح أث النظام العام على حکم التحکيم مع الأسس العامة للعقود الإدارية، حيث ينقسم هذا البحث الى مطلبين: إحداهما نتحدث فيه عن الأسس العامة للعقود الإدارية، والثاني نتحدث فيه مدى تعارض اللجوء للتحکيم مع النظام القانوني للعقود الإدارية والحلول المقترحة. Resorting to arbitration to settle contractual disputes is a recognized issue in our time due to the advantages enjoyed by the legal system of arbitration, With the development of the state’s role and its transfer from the guardian state to the intervening state, it was made a party to international trade contracts, investment contracts and contracts for the exploitation of natural resources, Of course, foreign parties contracting with the state stipulate the settlement of disputes through resorting to arbitration to complete the contract. However, administrative contracts have their own character, whereby the contracting administrative authority is at a higher rank than the contracting party and has powers that do not exist in private law, Also, administrative contracts are related to the rules of administrative law, all of which are considered public order rules that cannot be violated or transgressed. Therefore, we have a problem related to the conflict of resorting to arbitration with the legal system of administrative contracts and how to reconcile them. Therefore, the researcher will clarify the effect of the public order on the arbitration award along with the general foundations of administrative contracts, as this research is divided into two requirements: one of which we talk about the general foundations of administrative contracts, and the second we talk about the extent to which resorting to arbitration conflicts with the legal system of administrative contracts and the proposed solutions.

CURRENT TRENDS IN THE SPHERE OF LEGAL RESPONSIBILITY OF PUBLIC SERVANTS, SERVICE LAW OF UKRAINE AND THEIR CRITICAL ANALYSIS

The article provides a critical analysis of current trends in the sphere of legal liability of civil servants and the sphere of employment law of Ukraine. It is established that the inconsistency and incompleteness of the national legislation on public service has a negative impact on the effectiveness of legal liability of public servants. A small number of works in administrative law which, firstly, solve the conceptual problems of administrative law, and secondly, combine knowledge of the theory of law, the science of administrative law and the work of other branches of science. It is concluded that official law should be considered as an institution of administrative law, which has a cross-sectoral nature. The legal responsibility of public servants is a sub-institute of service law of Ukraine. The cross-sectoral nature of service law is due to the fact that today it combines the rules of administrative, constitutional, labor, civil and criminal law. It was found that the content of national legislation allows to distinguish the following types of legal liability of public servants: 1) disciplinary liability, which is regulated mainly by the rules of administrative law; 2) disciplinary liability, which is regulated by labor law; 3) administrative liability, which is regulated by the rules of administrative tort law; 4) material liability, which today is partially regulated by the rules of administrative law (we are talking about the procedure for voluntary compensation for material damage) and mainly by the rules of civil law (we are talking about the procedure for forced compensation for material damage); 5) criminal liability, which is provided by the norms of criminal and criminal procedural legislation. It is established that the legal liability of public servants can only be retrospective, that is, used only for the commission of illegal acts by these employees. Arguments are given regarding the lack of positive responsibility of public servants. The use of this concept in the scientific literature is due only to the reluctance of scientists to break away from the archaic ideas about the structure of the rule of law, legal sanctions and incentives.

Проблемные аспекты административного права

The authors consider in detail the discussion questions of determining the subject, essence, science system of administrative law, give the opinions of famous scientists, give their legal assessment. In addition, being considered the differentiation of administrative-procedural law into two sub-sectors is considered: administrative-executive and administrative-judicial. The article used general scientific methods of scientific knowledge: analysis, generalization and comparative law. The authors concluded that determining the subject and essence of the science of administrative law is important at the present stage of development of society, because the norms of this science in the realities of modernity are most socially in demand. Existing unresolved issues require a speedy legislative settlement. The authors see the novelty of the work in a critical understanding of the points of view of various researchers who believe that the subject of science is exclusively the rules of administrative law.