Suchergebnisse

The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".

The search for an optimal model for relationships between individuals and entities of public administration should go hand in hand with the statutorization of the guarantees of individual rights, freedoms and legal interests, including the principle of protection of legitimate expectations of individuals in their relations with public administration entities. The research provides grounds for believing that anti-corruption restrictions for entities of public administration are the components of the above-mentioned principle since they act as a manifestation of the binding force for the latter, emphasizing anthropocentric nature of their activity. It is the standardization of models for resource utilization in regard to the activities of public administration entities with the use of anti-corruption restrictions that makes the trust of an individual to public entities possible. It also makes the actions and decisions of the latter predictable, let alone enables unification of interpretation and application of national and international legislation. Using the resource of anti-corruption restrictions, which is aimed to make it impossible for public administration entities to get distracted from their main task of protecting and realizing individuals' legitimate expectations, a sound doctrinal analysis of the phenomena is advisable for establishing the new and consistent with the latest advances in the legal science basis for rule-making and legal enforcement in the sphere of relations between individuals and entities of public administration. Owing to the statutorization of the use of relevant anti-corruption restrictions as well as compliance with technicalities and proper response to modern challenges, the conclusion is made about a great potential for quality assurance of the anti-corruption law with its availability, intelligibility for all legal entities in the sphere of public administration, unification of its use and interpretation and hence the predictability of the decisions and actions of public administration entities, guarantee of realization and protection of the legitimate expectations of individuals in their relations with the latter.