Theory Of Administrative Law Research Articles

ТЕОРІЯ АДМІНІСТРАТИВНОГО ПРАВА УКРАЇНИ В КОНТЕКСТАХ ЗАКОНУ УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ»ТА ВОЄННОГО СТАНУ В УКРАЇНІ

ТЕОРІЯ АДМІНІСТРАТИВНОГО ПРАВА УКРАЇНИ В КОНТЕКСТАХ ЗАКОНУ УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ»ТА ВОЄННОГО СТАНУ В УКРАЇНІ

АДМІНІСТРАТИВНА ПРОЦЕДУРА ПРИ ЗДІЙСНЕННІ ЕКСПОРТУ ТА ІМПОРТУ ТОВАРІВ ВІЙСЬКОВОГО ТА ПОДВІЙНОГО ПРИЗНАЧЕННЯ В УКРАЇНІ

Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpurposegoods from Ukraine is proposed, taking into account the experience gained by the subjectsof importing weapons under martial law and the principles of the Law of Ukraine of February 17,2022 No. 2073-IX “On Administrative Procedure”. After all, the war for domestic manufacturersis a time to improve their products. In some positions, they have good initial positions that areobjectively developed and tested on the battlefield. As a result, after the victory, weapons releasedin Ukraine will be bought by foreign countries with pleasure. At the same time, the new civilsociety will no longer allow a few government officials to monopolize the arms export market.Accordingly, permits for the export of weapons manufactured by domestic manufacturers shouldfirst of all be granted (legalized) to entities that imported them during the war. Next, it is necessaryto carry out systemic reforms, both at the level of foundations and public tools and administrativeprocedures. Therefore, liberalization in this area should be carried out, but not at the expense ofweakening control over the export of weapons, but the admission to it of all entities that meet thespecified conditions, regardless of the form of ownership, both domestic and residents of the USA,Canada, Great Britain, countries EU members (with the exception of Hungary) and other partnerstates, which imported weapons to Ukraine in the face of a full-scale invasion.Conclusions. The administrative procedure for the export and import of goods for military anddual purpose in Ukraine is a procedure defined by law for consideration and resolution of casesregarding the issuance to business entities of permits to import into Ukraine and (or) export fromUkraine weapons, goods for military and dual purpose. The provisions of the Law of Ukraineof February 17, 2022 No. 2073-IX “On Administrative Procedure” do not directly apply to theapproval of the administrative procedure for the export, import of goods for military use and dualpurpose, however, the categorical apparatus and principles defined in it must be used in a specialregulatory and legal high-level act - the new version of the Law of Ukraine “On State Control ofInternational Transfers of Military and Dual-Use Goods”, or, more appropriately, in the new draftof the Law of Ukraine “On Export, Import of Weapons, Military and Dual-Use Goods”.

Administrative legal relationship: evolution of views on the concept and essence

The relevance of the choice of this topic is due to: the evolutionary changes that have taken place in Russian society since the moment of political and economic transformations (late 80s, early 2000s); the adoption of an amendment to the Constitution of the Russian Federation in July 2020; administrative reforms and transformations of the executive power of the Russian Federation, etc. The article analyzes the views of pre-revolutionary (Russian) legal scholars, the first post-revolutionary ideas of scientists who attempted to give the concept and characteristics of the Marxist, then Soviet (socialist) legal relationship. The collapse of the socialist political system dealt a crushing blow to Russian basic and applied sciences. However, managerial ideas in the theory of Administrative Law exist to this day, although they have long ceased to have scientific and legislative support. A generalization of the works of Russian administrative is showed that our contemporaries continue to take a liking to the dogma of the administrative-legal relationship as a power relationship that arises in the sphere of public administration, where the dominant subject (a representative of the state) is dominant. In conclusion, destroying the existing stereotypes about the concept and essence of administrative-legal relations, it was concluded that the executive authorities, local self-government bodies in administrative legal relations do not have a large amount of rights in relation to citizens. In relations with citizens, they are only conductors of power. They are charged with the obligation to provide citizens and society with the opportunity to acquire constitutional rights and freedoms. The state must and must take on the challenges of our time. It is obliged to bear the burden of protecting and ensuring the safety of citizens, to fulfill social obligations, to be a regulator of public relations. Administrative Law regulates the relationship between the state and free people who, by virtue of the Constitution of the Russian Federation, have the right to express their will, opinion, and the right to use their freedoms to the fullest

Student Loans, Major Questions, and the Dean Wormer Theory of Administrative Law

Student Loans, Major Questions, and the Dean Wormer Theory of Administrative Law

АДМІНІСТРАТИВНИЙ ДОГОВІР У ПРОЦЕДУРІ ДОБРОВІЛЬНОЇ ЕКСПРОПРІАЦІЇ: ОБҐРУНТУВАННЯ І ДОЦІЛЬНІСТЬ ВПРОВАДЖЕННЯ

Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.

Evaluation of Red Light, Green Light, and Amber Light Theories of Administrative Law

Evaluation of Red Light, Green Light, and Amber Light Theories of Administrative Law

Prvky atypičnosti v organizaci veřejné správy

The paper deals with atypical elements in the organization of public administration in the Czech Republic. It seeks to define the essence and possible causes of organizational “atypicality” (deviations, exceptions, asymmetries) and assess its impact, not only on the functionality of public administration itself, but also on the doctrinal methodology and theory of administrative law. In addition to general considerations, the text also deals with specific examples of atypical subjects (carriers) and bodies (authorities) of public administration in the Czech Republic.

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.

К вопросу об эффективности административного принуждения

The issues of administrative coercion are classic for the theory of administrative law, however, despite this, they do not cease to be relevant. New challenges and threats, as well as the paradigm of social and economic development, necessitate the revision of established points of view regarding the effectiveness of administrative coercion. The key issues of today are the problem of determining the balance of the combination of private and public components in the application of administrative coercion measures, as well as determining those criteria that do not allow such coercion to be excessive. The article draws attention to the functionality of administrative coercion, highlights its police and managerial aspects, and also examines the effectiveness of the implementation of this type of state coercion.

"RECENT REFORMS AND NEW ADMINISTRATIVE COURT SYSTEM IN UZBEKISTAN: CASE STUDY OF IMPLEMENTATION OF NEW LAWS"

"Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this issue is the continuing prevalence of Soviet-style ideas and patterns in legal thinking, as well as legal practice. This article describes the problems that jurisdictions encounter in trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. In this regard, there is a common perception in post-Soviet countries that citizens are allowed to appeal against the administrative penalty that was imposed after disobedience against a certain administrative act, rather than directly appeal to the court against the administrative act before an administrative penalty. Therefore, it is quite difficult to develop administrative justice without changing the misperception in the understanding of administrative offences as a part of administrative justice in Uzbekistan. Importantly, the recent reforms taking place in Uzbekistan give big hope to develop administrative justice without including administrative offence cases. It is a positive move in the context of post-Soviet countries that administrative justice has been delinked from traditional Soviet administrative offence cases. Relevantly, this paper explores (1) the main reforms held on judicial review over administrative acts in today’s Uzbekistan, and (2) transformation points of judicial review. Overall, I argue that Soviet thinking on judicial review of administrative acts has a big change in the legislation level under the new regime of Uzbekistan. However, legal reforms are still not accepted by legal practice, doctrine, and legal education. Based on this, it should be emphasized that the development of the administrative law theory in Uzbekistan is important: in particular, the need to maintain the relationship between theory and court practice through constant analysis of court decisions in the field of administrative law; the importance of training legal personnel based on a case study of researching administrative court decisions; the importance of developing substantive administrative law; and developing new areas of positive administrative law."

ЮРИСДИКЦІЙНА ДІЯЛЬНІСТЬ АДМІНІСТРАТИВНИХ СУДІВ В УМОВАХ ФОРМУВАННЯ ПРАВОВОГО СУСПІЛЬСТВА

Moving along the path of European integration, Ukraine is carrying out state-building and building civil society on the basis of the concept of human-centeredness, introducing modern approaches to determining the role of the state and its organs in the life of man and the average citizen. One of the directions of the introduced reforms is the sphere of ensuring human and civil rights, creating conditions for the protection of these rights in case of their violation or encroachment on them. Of particular importance in this context is the creation of conditions that guarantee the provision of citizens with their subjective rights in relations with public administration bodies. The form of realization of the right to protection from illegal actions and decisions of public authorities is administrative justice, ensuring the establishment of law and order in the field of public administration. Therefore, the need to determine the features that reveal and characterize the essence of the jurisdictional activities of administrative courts in the formation of a legal society becomes relevant. The purpose of the article is to determine the features that reveal and characterize the essence of the jurisdictional activity of administrative courts in the conditions of formation of a legal society on the basis of the theory of administrative law and process, scientific views of administrators, norms of current legislation. The article examines the legal category "jurisdiction", "administrative jurisdiction" and describes the jurisdictional activities of administrative courts as a type of law enforcement and law enforcement activities in the implementation of legal protection in public law disputes, highlights the characteristics of jurisdictional activities.

Administrative Law Theory and Fundamentals: An Integrated Approach

New casebooks can be hard to justify. Many legal doctrines and their canonical cases are well established. But few fields are more in need of fresh thinking than administrative law. My new casebook, Administrative Law Theory and Fundamentals: An Integrated Approach, newly out with Foundation Press, seeks to provide such thinking. To my knowledge, it is the only administrative law casebook with the words “theory” and “fundamentals” in its title. And the reason might be that there is at present no coherent theory regarding the nature of administrative power. And the debates surrounding administrative power, on the part of both proponents and opponents of administrative government, have stalled. The new casebook proposes a theory of administrative power that better explains constitutional text and structure, as well as historical and modern practice, than competing accounts. It argues that there are “exclusive” powers that only Congress, the President, and the courts can respectively exercise, but also “nonexclusive” powers that can be exercised by more than one branch. This theory of “nonexclusive powers” allows students and scholars of administrative law to make more sense of—or better critiques of—administrative concepts such as delegation, quasi-powers, judicial deference, agency adjudications, the chameleon-like quality of government power, and of the separation of powers more broadly. This five-page introduction seeks to situate this theory within the existing administrative law scholarship.

State Service in the Prosecutor’s Office in the System of State Service in the Law Enforcement Sphere

Introduction: the paper analyzes current Russian legislation regulating the functioning of the institute of state service. Aim: to study federal legislative acts containing provisions that define the list of state bodies that are classified as law enforcement agencies, and to look into the reasons why the legislator abandons the term “law enforcement service”. Methods: general scientific and special methods, including comparative legal, comprehensive, logical methods, analysis and synthesis. Results: we reveal certain inconsistencies in the regulatory framework that make it difficult to establish common features and specifics of administrative and legal status of such bodies; these inconsistencies also impede further development of the theory of administrative law when studying the institution of state service. Conclusion: based on the analysis of the types of functional activities of state bodies, we conclude that the service in the prosecutor’s office is classified as the state service related to law enforcement activity; we note its similarity and difference in relation to the service in other state bodies that perform law enforcement functions, including institutions and bodies of the penal system. In line with the methodology of integrative legal understanding, we define the service in the prosecutor’s office as the professional activity carried out on behalf of the state by employees holding positions in authorized federal state bodies and empowered by law to apply state enforcement measures aimed at protecting law and order, human rights and freedoms, public and state interests, combating crimes and other offenses, or the professional activity related to the performance of the functions of internal administration and staffing of these bodies. We emphasize that such service is implemented in strict accordance with the rules established by administrative and legal norms, and on the basis of ethical principles and moral principles that form the orientation of employees toward achieving socially useful goals and interests of the state itself. Scientific and practical significance of the article lies in the fact that the conclusions made in it can be used in scientific, educational and law-making activities. Keywords: state service; law enforcement agencies; law enforcement activities; control and supervisory activities; human rights activities; prosecutor’s office agencies; prosecutor’s office employees.

The questions of administrative enforcement

Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.

Administrative Law and Dogmatic

전문적 학문분과가 모두 그렇듯이 행정법학 또한 전문가들 사이에서만 통하는 공통의 언어를 가지고 있다. 그런 전문 용어는 행정법 도그마틱을 표현하고 있다. 시대에 따라 변화는 있지만 행정법의 도그마는 여전히 굳건하며 이를 통하여 행정법은 해석되고 적용되며 발전한다. 이 글은 행정법 도그마에 대한 논의를 중심으로 하여 현재 한국 법학이 당면하고 있는 과제와 대안을 이야기하고자 하는 목적으로 작성되었다. 최근 행정법 도그마틱에 관하여 연구자들의 연구 성과물이 많이 나오고 있는 점은 고무적이다. 이는 행정법학의 방법론을 재검토하고 이를 기초로 행정법학의 논의를 풍부하며 또한 변화하는 사회의 수요에 대응하려는 의도를 가지고 있다. 도그마틱에 관한 논의는 행정법학을 예리하게 만들고 또한 반성적으로 만든다. 도그마틱이라는 용어는 원래 철학에 대비되는 교조나 독단이라는 뜻이 있지만 이 글에서는 행정법학의 방법론과 사상체계라는 넓은 의미로 사용하였다. 독일 행정법학계에서는 종래의 행정법학 방법론에 대한 반성에서 조종과학의 한 분야로서의 행정법학의 가능성을 주목하고 있다. 이는 종래 적법/위법의 이분론을 극복하고 사회가 요구하는 결과를 보다 효율적으로 가져오는 행정법을 지향하는 방법이다. 이를 위하여 행위중심의 행정법 대신에 행위자 중심, 그리고 사법과 함께 행정과 입법을 모두 시야에 넣는 연구의 방법을 모색한다. 독일 행정법학계는 유럽연합의 결성과 이로 인한 독일 국내 행정법의 위치 변화에 주목하면서 이에 대한 대안으로 신행정법을 모색하였다. 한편 우리는 독일과 같은 상황은 아니지만 행정법학은 변화가 필요하다. 그 이유는 행정법학의 상대적인 위상 저하와 함께 수험행정법이 제기하는 도전 때문이다. 이미 행정법 이론 안에도 계획행정과 비례원칙 등 사회의 변화에 대응하여 가치를 조정하는 수단이 있다. 그러나 법원은 아직 종래의 재량판단이라는 협소한 적법성 통제 원리에 머무르고 있다. 그 결과 행정법은 전형적인 권리구제 사안에 매달리고 정작 사회의 큰 변화나 미래에 대한 대응은 하지 못하고 있다. 행정법학은 전통적 방법론을 중심으로 법규의 정확한 해석과 적용을 위한 노력, 비교법적 연구를 통하여 제도를 정비하는 노력과 함께 당면하고 있는 문제의 해결에도 관심을 기울여야 한다. 행정법학은 종래의 도그마틱에 기초한 법해석학에 머물지 말고 정확한 사실과 법적 판단에 기반한 법학방법을 추구함으로써 사회의 변화에 대응하고 또한 다양한 법적 수요에 대응하여야 한다.Like all specialized academic disciplines, administrative law also has a common language spoken only among experts. Such jargon expresses administrative law dogmatic. Although there are changes according to the times, the dogma of administrative law is still strong, through which administrative law is interpreted, applied, and developed. This article was written for the purpose of talking about the problems and alternatives currently facing Korean law, focusing on the discussion on administrative law dogma. It is encouraging that researchers have recently shown a lot of research results on dogmatics in administrative law. This reexamines the methodology of administrative law, enriches the discussion of administrative law based on it, and also intends to respond to the changing needs of society. The discussion of dogmatic makes administrative law sharp and reflective. The term dogmatic originally means dogma or dogmatism in contrast to philosophy, but in this article it is used in a broad sense of the methodology and ideological system of administrative law. The German administrative law community is paying attention to the possibility of administrative law as a field of control science in reflection on the conventional administrative law methodology. This is a method of overcoming the conventional legal/illegal dichotomy and aiming for an administrative law that more efficiently produces the results required by society. To this end, instead of action-oriented administrative law, they seek a method of research that puts both administration and legislation in view with actor-centered and judicial law. German administrative law academia sought a new administrative law as an alternative to this, paying attention to the formation of the European Union and the resulting change in the position of German administrative law. On the other hand, we are not in the same situation as in Germany, but administrative law needs change. The reason is the relative decline of the administrative law and the challenges posed by the examination administration law. Already in the theory of administrative law, there are means to adjust values in response to changes in society such as planned administration and proportional principles. However, the courts still remain on the conventional principle of discretionary judgment. As a result, administrative law clings to typical rights remedies and is not able to respond to major changes in society or to the future. Administrative law should pay attention to solving the problems that are facing along with efforts to accurately interpret and apply laws and regulations, and to reorganize the system through comparative studies, centering on traditional methodologies. The recent crisis in administrative law appears to be the reinforcement of examination law along with the stagnation or contraction of administrative law. Administrative law should respond to changes in society and respond to various legal demands by pursuing a law method based on accurate facts and legal judgments, not just the conventional dogmatic-based legal analysis.

Toward A Critical Theory of Administrative Law

This contribution to a symposium on Racism in Administrative suggests that administrative law is missing a robust tradition of critical legal studies: https://www.yalejreg.com/nc/toward-a-critical-theory-of-administrative-law-by-bijal-shah/ (adapted for the American Bar Association, Administrative & Regulatory Law News (Summer 2020)).

Maitland's Challenge for Administrative Legal Theory

AbstractThis paper challenges the familiar strategy for theorising about administrative law. Theories of administrative law typically take the existence of administrative bodies for granted, and then ask, all things considered, what moral aim they should serve. The resulting approaches are committed to varying moral aims ranging from the rule of law to efficiency, but converge on the shared idea that the purpose of administrative law is to promote aims that could, in principle, be realised apart from it. As a critical matter, this paper argues that the familiar strategy opens the door to a devastating sceptical challenge. Because the benefits that administrative law brings can be realised without it, administrative law may be rightly abandoned. As a constructive matter, this paper defends the idea that administrative law has a moral purpose that is inseparable from it: administrative law constitutes the exclusive means of realising what positive rights demand.

Развитие теории административного права в современных условиях

Развитие теории административного права в современных условиях

THE CONCEPT OF PUBLIC ADMINISTRATION TOOLS ї OF DIGITAL SOCIETY IN UKRAINE

In today's innovative society, the behavior of citizens, their desires, needs and work, most of the everyday communication between people is changing due to the digital Internet and other means of the information society. Therefore, the digitalization of administrative and legal activities of various subjects of public administration is an integral factor in the implementation of their public administration. However, public administration would remain on a good footing if there were no specific ways of enforcing it in the arsenal of public administration entities. Such tools of public administration are provided by the theory of bottom law through the current legislation and public administration entities that carry out public administration in the digital society in Ukraine. As well as the sphere of public administration of the digital environment and the tools for its provision are not perfect, we can say that young people need further development and legislative improvement. The purpose of the article is to form the concepts of public administration tools of the digital society in Ukraine on the basis of the values of natural law, the theory of administrative law, current legislation. The concept of tools of public administration is formed in the article. It is proved that this is an external expression of homogeneous in nature and legal nature of groups of administrative actions of general and special subjects of public administration, implemented within the competence defined by law to modernize public services, develop interaction between public authorities, citizens and business based on digital dominance. society, in particular the establishment of e-government in all spheres of public life. It was found that the tool of public administration is an external expression of homogeneous in nature and legal nature of groups of administrative actions of general and special subjects of public administration, implemented within the limits of the competence defined by law for modernization of public services, development of interaction of public authorities, citizens. and business based on the dominance of the digital society, including the establishment of e-government in all spheres of public life.

PRINCIPLES OF PUBLIC ADMINISTRATION OF STAFFING OF THE NATIONAL POLICE OF UKRAINE

It is emphasized that in order to fulfill the tasks assigned to the National Police of Ukraine, a stable and highly professional staff is required, capable of properly responding to the challenges and threats in the sphere of internal affairs. Therefore, the purpose of the article is to identify and summarize the system of principles of public administration of personnel support of the National Police of Ukraine on the basis of the theory of administrative law, the analysis of relevant normative-legal domestic and foreign acts, works of scientists and other sources. Thus, in the scientific work the system of principles of public administration of personnel support of the National Police of Ukraine was identified and described as the basic principles of the realization of public power in order to satisfy the society with professional, conscientious, ethically educated police officers, who can potentially carry out preventive activities and restore the rights and freedoms of the process crimes. It is determined that the principles of public administration of personnel of the National Police of Ukraine are the basic provisions, guiding ideas, norms of behavior, which are formulated in the form of a certain scientific provision and are fixed mainly in the legal form, reflect the content, structure, forms and methods of public administration of human resources for law enforcement agencies for the purpose of satisfying the public with professional, conscientious, ethically educated police officers to carry out the tasks assigned to the bodies and units of the National Ukrainian police. It is concluded that the principles of staffing of the National Police of Ukraine should be divided into general (rule of law, legality, political neutrality, integrity, transparency and openness, interaction with the public, patriotism, science, efficiency, competence) and functional-managerial principles (hierarchical, distribution of powers, collegiality and sole command, accountability, quality staffing of the National Police bodies to ensure legal and social workers, etc.).