Science Of Administrative Law Research Articles

Public administration – legal regulations and its division and organization

In etymological terms, administration refers to activities performed in a permanent manner, aimed at achieving various goals and results. The Latin phrases ministrō and ministrāre mean: "to serve", "to perform" and "to manage", while the phrase minister refers to a person serving and performing. The use of the preposition ad should be interpreted in this context as directed activity - the equivalent of the Polish prefix "do", and therefore the expression ad ministro can be described as "directing" and "governing". The science of administrative law, just like the science of administration, provides that certain properties can be assigned to administration without defining it. It is such a complex phenomenon in itself that defining it is very difficult or even impossible. The same applies to individual forms of administration. Legal regulations were analyzed, including systemic ones related to the place, role and organization of public administration in Poland.

Principles of humanism and justice in the administrative law of Ukraine in the context of christian values

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens.

Dogmatics of administrative law

The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities. The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones. Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht. The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.

Correlation of the terms “social order” and “public order”, “social security” and “public safety”

It has been stated that the science of administrative law is faced with the issue of not replacing and/or unifying the terms “social order”, “public order”, “social security”, “public safety”, but rather with their coordination with each other, and as a result, it is proposed to focus on the difference between the adjectives “public” and “social”, which lies in the conditional scope of the concept “social”. Public order applies to an indefinite number of persons and literally knows no boundaries, while social order is limited to a certain number of persons on the basis of certain characteristics or “interests”. It should be borne in mind that the terms “public order” and “public safety” are very broad concepts that include not only administrative offences and public order protection, but also a state (order) in which society is capable of progress and positive development with a minimum of fear that rights will be violated by third parties or due to the occurrence of special conditions. Instead, social order and social security relate primarily to citizens or their individual groups in the state, it is essentially the establishment of the law and order in the country that is necessary to ensure such living conditions for citizens in which they feel inner harmony, have a stable psycho-emotional state and feel safe. In conclusion, it has been noted that the proposed approach to understanding the analysed terms does not introduce an imbalance in the current legislation, and if this approach is used, it becomes possible to further harmonise the norms and approaches of international and national legislation. Moreover, if used, it levels the debate on the tasks of the police, since, while ensuring public order and security, it carries out much broader activities to detect, prevent and suppress administrative offences, which is one of the areas of police work under Article 23 of the Law of Ukraine “On the National Police”. Therefore, the terms under study can coexist, provided that the correct approach to their understanding is chosen, without any radicalism, but it is still advisable to clarify the provisions of the Law of Ukraine “On National Security”.

Рецензия на книгу «Воронежская школа административного права: четверть века научного поиска» / под. редакцией Ю.Н. Старилова

The review of the book, published under the editorship of Professor Yuri Nikolaevich Starilov, notes the importance of the school of administrative law that has been formed over 25 years, which is officially included in the list of leading scientific schools of Voronezh State University. The views of Yu. N. Starilov on issues of modern administrative and legal policy and its influence on determining the priorities for the development of Russian legislation, ensuring the progress of public legal relations, are briefly assessed. The scientific works of scientists — colleagues of Yu. N. Starilov on various topical problems of the Russian science of administrative law are analyzed. A conclusion is drawn about the scientific and practical significance of the book under review.

Communication activities as one of the areas of administrative and legal support for the institutional capacity of local courts

The article highlights the theoretical and applied aspects of communication in local courts as one of the important areas of administrative and legal support for their institutional capacity. The author emphasizes the relevance of this issue and the insufficient level of its research within the science of administrative law. The court’s communication activities are defined as a well-established process of information exchange aimed at achieving mutual understanding, agreement between the parties and changes in the consciousness and/or behavior of the recipient of information, which is manifested in raising awareness, level of trust, forming a certain image in the eyes of the audience, taking certain actions or refraining from them on the part of the recipient of information. The author emphasizes the need to develop a communication strategy for local courts. Strategic communication is defined as a systemic communication focused on establishing long-term relationships between courts and their external and internal audiences that help to achieve certain goals. The author analyzes the best practices of court communication and emphasizes the importance of their dissemination. It is noted that court communication should primarily be aimed at increasing the level of public confidence in the court. It is emphasized that the best practices of communication activities of local courts not only need to be disseminated, but also studied from the perspective of administrative law science, which will contribute to the development of a solid scientific basis for this area of activity.
 It was noted that the communication activity of the court is an important direction of judicial administration and administrative and legal support of the institutional capacity of both local courts and the judicial system in general. The conclusion is formulated that domestic courts of all levels carry out significant work both in terms of effective communication and the development of a communication strategy. Such perspective directions of the development of the court’s communication activities as the development of modern communication platforms between the court and the public, the development of communication in the environment of the judicial branch of government, etc. are indicated.

ON THE FEASIBILITY OF USING THE CONCEPT OF MANAGEMENT AS A CATEGORY OF ADMINISTRATIVE LAW

The article is devoted to administrative law terminology and the feasibility of involving the concept of management in its composition. It has been found that legal science was subject to repeated attempts to introduce the relevant concept into its terminology. It is stated that the concept of management is widely used in scientific literature to explain the properties of administrative law phenomena and processes and in national administrative legislation. It is proved that most works available in specific literature: a) do not reason why the management category is essential for administrative law; b) what internal problems of administrative law science it helps or hinders to solve; c) how the category will correlate with other concepts close in meaning – administrative management, public administration, good governance, etc. It is substantiated the conclusion that representatives of economic sciences have not yet reached agreement on how to interpret the concept of management. However, they shall do it, firstly, for the further development of management science and secondly to clarify the content of the relevant educational programs in management, because Ukraine keeps implementing "knowledge standardization" for all levels of education. It was established that the imbalance of scientific approaches to the content of the management concept negatively affects the final definition of the object and subject of management science and the relevant teaching-learning materials intended for university students majoring in the specialty concerned. Based on the analysis of the concept of management and cases of its use in studies on administrative law phenomena, it was concluded that management is an economic category used by representatives of economic sciences to explain the peculiarities of internal organizational activities within public authorities and local self-government. At the same time, the range of issues and problems that are raised and solved are of an exclusively "managerial" nature and hence do not echo or partially echo ones of administrative law regulation of internal organizational relations within public authorities. The concept of management has no methodological significance for administrative law terminology and, thus, studies on administrative law phenomena.

Current issues of administrative responsibility for bullying (harassment) of a participant of the educational process

The article is devoted to the topical issue of administrative responsibility for bullying (harassment) of a participant of the educational process as an important protective legal measure, a measure of administrative coercion designed to ensure effective countermeasures against such a phenomenon as bullying (harassment). The article examines various definitions of the concept of administrative responsibility given by scientists and proposes its own definition. We consider the grounds of administrative responsibility to be normative, factual and procedural, for the conducted research the factual basis is particularly important, that is, the commission of an administrative offense, the composition of which is fixed in Article 173-4 of the Code of Ukraine on Administrative Offenses (hereinafter - CAOU) - bullying (harassment) of a participant of the educational process. Having analyzed the composition of this offense, it becomes obvious how imperfect and contradictory this norm is, which is revealed in the study and relevant suggestions and recommendations are provided.
 Emphasis is placed on the importance of the correct qualification of an illegal act that contains signs of bullying, as it has a wide variety of manifestations and can be qualified as a corresponding criminal offense that entails criminal, not administrative, liability.
 Having studied the composition of the administrative offense of bullying (harassment) of a participant of the educational process, it was established that the first part, as well as the third and fourth parts of Art. 173-4 of CAOU provide that this administrative offense can be committed by minors or minors between the ages of fourteen and sixteen, thus classifying these persons as subjects of an administrative offense, which contradicts both the general theory of law, the theory of administrative law, and norms of CAOU itself; at the same time, in this case, the legislator assigns administrative responsibility for bullying to parents or persons who replace them, which contradicts many important principles of administrative responsibility. Article 12 of CAOU establishes that persons who have reached the age of sixteen at the time of committing an administrative offense are subject to administrative liability. Based on this regulatory provision, it is generally recognized in administrative law that the subject of an administrative offense is a compos mentis individual who has reached sixteen years of age at the time of committing an administrative offense. If an illegal act, which objectively has the characteristics of an offense provided by administrative legislation, was committed by a person who has not reached the age of 16, then such an act cannot be recognized as an administrative offense, since there is no subject of the offense, and therefore the composition of the offense, such actions in the theory of law are recognized as objectively illegal actions. Therefore, we point out the impossibility of considering as an administrative offense an act that has signs of bullying and which is committed by minors and minors between the ages of fourteen and sixteen, as stipulated in Article 173-4, because there is no composition of an administrative offense due to the absence of the subject of the offense, and therefore, there is no factual basis for administrative responsibility for such actions, and therefore it cannot be applied in this case. As a result of the research, it is proposed to amend Articles 173-4 and 184 of the Code of Ukraine on Administrative Offenses in order to bring them into line with other Code norms, provisions of the general theory of law and the science of administrative law, and the principles of administrative responsibility.

The Subject of the Science of Administrative Law: Modern Assessment

The Subject of the Science of Administrative Law: Modern Assessment

Modern understanding of subjeсt of science of administrative law

The article is devoted to discussion of the subject of science of Administrative Law. It is concluded about the fallacy of understanding of the subject of science of Administrative Law by B. V. Rossinsky and authors which take a similar position with him (Yu. N. Starilov and others). Based on the concept of the subject of science of Administrative Law proposed by K. S. Belsky the auther highlights and considrs such elements of the subject of science of Administrative Law as administrative-law norms, administrative-law relations, administrative-law categories, law enforcement administrative practice. The role and meaning of doctrine were sown in the definition of the subject of science of Administrative Law.

Investigation of the purpose, functions and tasks of proceedings in cases of administrative offenses

The object of the study is the general purpose and function, as well as the tasks of the proceedings in cases of administrative offenses. The interdependence and relativity of the concepts of "purpose" and "task" of proceedings in cases of administrative offenses cause difficulties in establishing their distinctive features and mutual differentiation, and therefore the issue of defining these categories in the science of administrative law is currently debatable. For this reason, the works of prominent Russian jurists such as D. N. Bakhrah, V. V. Dorokhin, S. D. Mogilevsky, A. Y. Yakimovich, revealing the content and essence of these concepts from different sides, formed the subject of this study. The specificity of the research object was a decisive factor in determining the research methodology. In preparing the article, a set of general scientific and private scientific methods was used, including the method of system analysis, which ensured the validity of the author's judgments, suggestions and recommendations. Within the framework of a systematic analysis, directing the research process from a complex to a simpler manifestation of the object of research, the author, based on the patterns of formation of tree-like hierarchical structures, reveals the content of the above concepts in an original way, defines the general law-restoring nature of production, identifies the law enforcement stages in it, as well as the goals and special tasks of each stage. As a result of the research, the author's version of Article 24.1 of the Code of Administrative Offenses of the Russian Federation is proposed, which establishes a legal definition of the purpose of proceedings in cases of administrative offenses. Proposals for improving the current legislation indicate the applied significance of this study, while some conclusions and theoretical generalizations of the author can be used to conduct further research in this direction.

Systemic and structural characteristics of the methods of protection when appealing decisions of subjects of authority in administrative proceedings

The article, from the standpoint of a systemic approach, characterizes the methods of protection when challenging the decisions of subjects of authority in the administrative court of Ukraine. Approaches to classification have been studied. A classification of the methods of protection in case of appeal against the decisions of subjects of power in the administrative court of Ukraine is proposed. The article states that the study of methods of judicial protection when challenging the decisions of subjects of authority from the standpoint of a systemic approach will allow to reveal the entire system of methods of judicial protection of the rights and interests of persons in the field of public-legal relations, to investigate their differentiation according to various criteria, to highlight the interrelationships , as well as find out the content, structure and place in this system of methods of protection when challenging the decisions of subjects of power. It is noted that due attention was not paid to the implementation of the appropriate classification of methods of judicial protection in the science of administrative law. In the article, methods of judicial protection of the rights, freedoms and interests of individuals are divided into general, additional and special methods of protection. According to their target orientation, they are divided into those, the use of which: allows to confirm the right; allows to protect the right; stop violation of right or interest; allows to restore the violated right or interest, and (or) to compensate for the costs associated with their violation. According to the entities authorized to implement them, the methods of protection are divided into universal and other, which are used by the subject of power to protect the rights and interests of the state, society, and an undefined circle of persons in the field of public-legal relations. According to the consequences, the methods of protection are divided into repressive, restorative and compensatory.

Administrative and legal regulation of OSINT functioning in the field of national security

The article is devoted to the study of administrative and legal regulation of OSINT functioning in the field of national security. The article draws attention to the fact that the study of such a complex and important phenomenon as ensuring the functioning of OSINT in the field of national security is relevant for the domestic science of administrative law. Emphasis is placed on the fact that in modern scientific research there is a need to clarify the essence and content of the concepts of «administrative and legal regulation in the field of national security» and «administrative and legal regulation of ensuring the functioning of OSINT in the field of national security». The concepts of «administrative and legal regulation», «administrative and legal support», «administrative and legal regulation of ensuring the functioning of OSINT in the field of national security» are disclosed. It is suggested that under the administrative-legal regulation of ensuring the functioning of OSINT, we understand the system of administrative-legal means, methods, forms and methods regulated by the norms of administrative law that ensure the activity of special OSINT subjects in accordance with the needs of ensuring national security and eliminating threats and challenges. It has been found that the administrative and legal regulation of OSINT functioning is aimed at streamlining social relations in the sphere of OSINT functioning, creating a system of legal means, methods and methods and proper conditions for the activities of special subjects using OSINT with the help of administrative law norms.
 The administrative and legal regulation of ensuring the functioning of OSINT has certain properties: it is the activity of special entities that use OSINT; constitute a complex of means and measures, which are carried out with the aim of eliminating threats in the field of national security; is implemented by regulating the relevant sphere of social relations through the establishment of duties, prescriptions, permits and prohibitions

Concepts and types of administrative and legal forms of activity of the State Bureau Of Investigations of Ukraine

Based on the analysis of scientific concepts, various interpretations of the concept of "form", "administrative-legal form", "form of managerial activity" are considered from the point of view of the science of administrative law and the theory of management of law enforcement agencies. It is indicated that the definition of the concept and content of the administrative-legal form contributes to a full-fledged study of the specifics of the competence of the State Bureau of Investigation of Ukraine, their place in the system of law enforcement agencies. The proper definition of the administrative and legal form of activity of the SBI of Ukraine as a law enforcement body is provided, which should be understood as the external expression of administrative actions (procedures) of the bodies of the SBI of Ukraine (their officials), which are defined by administrative and legal norms, are carried out within the limits of the competences and powers granted by law, aimed at the achievement of certain goals and the fulfillment of the tasks assigned to the SBI of Ukraine by the state, and which, in the process of implementing executive and administrative activities, may or may not cause legal consequences.
 It is emphasized that the administrative and legal forms of activity of the SBI of Ukraine are characterized by the following features: 1) they are external ways of expressing the activities of the SBI bodies of Ukraine; 2) regulated by normative legal acts; 3) are used for the purpose of performing tasks and implementing functions assigned to the SBI of Ukraine in the law enforcement sphere; 4) are defined and applied within the competence of the SBI of Ukraine and depend on the scope of powers of the employees of the SBI of Ukraine; 5) are chosen depending on the ultimate goal, the achievement of which the activity of this law enforcement body is aimed at; 6) mostly cause certain legal consequences.
 It was concluded that according to the current legislation of Ukraine, the administrative forms of activity of the SBI of Ukraine should be divided into two types: legal and organizational forms, based on the significance of the consequences that arise as a result of the implementation of the powers granted to it by law. Legal administrative forms include those that cause the appearance of a specific legal result. Legal forms in the activity of the SBI of Ukraine include: 1) issuance of departmental normative acts; 2) conclusion of agreements; 3) committing legally significant actions. It is indicated that those forms that do not directly have legal significance are illegal. These include: holding meetings, developing plans, projects and programs, forecasting actions, providing methodical recommendations to structural units, taking appropriate measures aimed at improving the quality of practical activities of units.

Genesis of the Principle of Transparency in the Activities of Administrative Courts

The topicality is determined by the current state of development of the principles of transparency and openness of the activity of administrative courts, the existence of a basis for the development of a single category of transparency, which covers both concepts, as well as the connections between them. The purpose of the article is to provide a description of the development of transparency as a concept of the science of administrative law, to determine its features in the field of activity of administrative courts, and to define, on this basis, a scientific approach to further research on the issue of transparency in this area. Achieving this goal became possible through the use of a complex of methods of both general scientific and specifically legal nature. At the same time, the requirements of scientific objectivity are taken into account. Thus, the application of the formal-dogmatic method made it possible to clarify the content of the applied concepts and categories. With the application of the system method, the administration of the work of administrative courts as a system is presented. This made it possible to examine the elements of this system and the connections between them as a basis for further research into the issue of transparency in the activity of administrative courts. The application of the formal-logical method made it possible to carry out a comparative analysis of the fundamental categories of the study. The vectors of the actual development of scientific opinion regarding related concepts, as well as the concept of transparency - regarding the activities of prosecutor's offices and executive authorities, are analyzed. On this basis, the thesis about the gradual convergence of the concepts of transparency in the activities of the executive authorities and prosecutor's offices, the increase in the amount of common features in these concepts is substantiated. It is substantiated that the transparency of the judiciary's activity is considered, mainly, in the context of overcoming the closure of the judiciary as a Soviet legacy, while due attention is not paid to the actual specifics of the judiciary's activity. Based on the results of the research, conclusions were formulated regarding the specificity of transparency in the field of judicial power, and the vectors of further research into this issue and the factors of further development of transparency regarding the activity of administrative courts were determined.

The right of citizens to free legal aid in administrative proceedings

In the article, from the point of view of the science of administrative law, an analysis of the state is carried out, the theoretical and legal foundations of free legal aid in administrative proceedings are investigated. Philosophical and worldview, general scientific and special methods were used in the article. The question of the meaning of the terms "legal aid", "free legal aid", "and representation" is considered. The views of scientists on the concept and essence of free legal aid analyzed. The legal nature of the term "legal aid" studied, and the presence of a conflict with the term "legal aid" was indicated. Its dynamics, complexity and breadth are noted, which is explained by the significant problems of providing free legal aid. The analysis of the conceptual apparatus makes it possible to note that legal aid is guaranteed by the state, is fully or partially provided at the expense of the State Budget of Ukraine, local budgets and other sources, is aimed at ensuring the realization of human and citizen rights and freedoms, the protection of these rights and freedoms, and their restoration in case of violation. The subjective right to free legal aid includes the state’s positive duty to provide, which gives the state discretionary powers to control the quality of aid. It indicated that the availability of legal aid guaranteed by the presence of a system of legal institutions capable of providing the population with affordable, comprehensive and high-quality legal aid. Ensuring the realization of the right to legal aid is a constitutional obligation of the state, and compliance by the state with the principles of providing free legal aid stipulated by international agreements. The only subjects of provision of free legal aid in the administrative proceedings of Ukraine are lawyers included in the register of lawyers. Other persons do not have the right to provide free legal assistance in administrative proceedings. Despite the fact that the right to free legal aid is not a new subject of research, the process of theoretical study continues. The right of citizens to free legal assistance in administrative proceedings requires further scientific research in legal and socially oriented aspects.

Administrative Discretion: Questions and Answers (Part 1)

This material opens a series of scientific publications planned by the editors of the Siberian Law Review journal, the Authors of which analyze the problem of administrative discretion (discretion), which is very relevant for Russian administrative legal theory and law practice, in the “question-answer” format. The scientific, theoretical and practical significance of the noted problem is predetermined by the fact that the exercise of discretionary powers by the public administration (as opposed to powers strictly bound by law) is fraught with the greatest threat to the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations. The purpose of the study is to clarify issues related to the concept and essence of administrative discretion, its regulatory legal framework, forms of implementation, ways to establish the limits of discretion of public administration, criteria for assessing the legality of discretionary administrative acts, judicial and agency control over administrative discretion. The subject of the research is normative legal acts, legal principles, administrative and judicial acts, scientific works of Russian and foreign legal scholars. The hypothesis of the study is that, despite the abundance of scientific publications on administrative-discretionary topics, the domestic doctrine of administrative discretion is a motley mixture of judgments that do not agree with each other, often divorced from the needs of administrative and judicial practice, characterized by the absence of a single categorical apparatus. According to Yuri P. Solovey, an important, if not the most important section of administrative discretionary issues, are the limits of judicial control over administrative discretion, which has practically fallen out of the field of view of Russian scholars, despite the fact that it has been thoroughly studied abroad for more than a century and a half. From the point of view of Petr P. Serkov, the domestic science of administrative law has not yet properly answered three fundamental questions, namely: what is administrative discretion, what is it intended for and how is it carried out. The Authors of the publication are unanimous that such a “doctrine” of administrative discretion does not contribute to the development of legislative solutions to bring such discretion to the standards of a legal, democratic state. In the process of research, dialectical, formal-logical, formal-legal, comparative-legal methods of cognition, the method of interpreting law, analysis of materials from administrative and judicial practice are used. The Authors attempt to streamline the categorical apparatus of the theory of administrative discretion, as well as to formulate its main provisions and some proposals for improving the current legislation.

Foresight in the science of Administrative Law (From the works of the anniversary - administrativist scientist P.P. Sergun)

The article presents an analysis of the main scientific publications of the leading administrative expert, Doctor of Law, Professor, Honored Lawyer of the Russian Federation Pеtеr Pavlovich Sergun in the year of his 70th birthday. An assessment is given to the scientific developments of the scientist in the areas of public service, administrative reform, administrative responsibility, administrative and information legal relations, digitalization of public administration, and the introduction of artificial intelligence technologies in management activities. The significant contribution of the hero of the day to the development of the categorical apparatus of jurisprudence in general and the science of Administrative Law in particular is noted. Conclusions are formulated about the prognostic nature of P.P. Sergun, the basis of his scientific research on foresight as the most important factor in the development of the science of Administrative Law.

Approaches to systematize the principles of local government in the science of administrative law of Ukraine: general principles

Approaches to systematize the principles of local government in the science of administrative law of Ukraine: general principles

ILLEGAL DISMISSAL FROM THE PUBLIC SERVICE AS A GROUND FOR APPEALING TO THE ADMINISTRATIVE COURT

The article analyzes the illegal dismissal of a public official from his position as a basis for applying for protection to an administrative court. It has been established that public service is an attribute of any civilized state. It is necessary for the functioning of society in a normal (that is, effective, planned, calm and productive) mode, because most of the issues that are decided by public administration bodies require close communication with society, its representatives and individual individuals. Attention is drawn to the fact that the quality and efficiency of public administration depends not only on the level of legal support for the activities of state bodies and local self-government bodies, but also on the filling of these bodies with professional personnel. Therefore, the legislation of Ukraine establishes, firstly, the grounds for the dismissal of a public official from his position, secondly, the procedure for legalization of the decision on dismissal, thirdly, the requirements for the evidence base of the employee’s incompetence or dishonesty; fourthly, the mechanism for appeal by a public servant against the decision to dismiss him. It is noted that the facts of constant appeals of persons to the administrative court on the issue of their illegal dismissal from public service positions indicate that this issue, being a subject of labor law, was almost not investigated within the scope of the science of administrative law and process. It was found that a public servant can appeal the decision to dismiss him in court if he considers such a decision to be illegal. In this regard, there is a need to define in the science of administrative law the criteria for distinguishing between “legal” and “illegal” decisions to dismiss an employee from a public service position. It is noted that the legality of the decision to dismiss a public servant is ensured by the provisions of the national legislation on public service, while the illegality of such a decision is derived intellectually based on the analysis of the provisions of the law. It has been proven that most of the grounds for disciplinary responsibility of civil servants in the form of dismissal from office are characterized by the presence of the following shortcomings: 1) are presented in the Law “On Civil Service” as a complex of numerous smaller grounds (for example, violation of the Oath of a civil servant); 2) formulated in violation of the doctrine on the composition of the offense, and therefore require interpretation both by official structures and by scientists; 3) take into account internal state factors and ignore external state factors affecting the illegal behavior of a civil servant; 4) are used in state administration as means of manipulation and development of a totalitarian system of governance; 5) do not take into account the principle of proportionality of the size of the sanction and the social harmfulness of the illegal act. All this can be the basis for numerous appeals of persons to the administrative court to challenge the decision on their illegal dismissal from the position of a civil servant.