Principles of Administrative Procedural Law, Taking Into Account the Provisions of the Draft Law “On Administrative Procedure”

Abstract

The article describes the content of the principles of administrative procedural law, taking into account the provisions of the draft law “On Administrative Procedure”. It is substantiated that in the administrative-legal science the generally accepted concept of the principles of administrative-procedural law is not formed. This is the reason for discussions about their list and content, the role in the relevant sub-branch of administrative law. Therefore, there is an urgent need to study this basic concept of administrative law for branch science. Emphasis was placed on the need to adopt a “basic” special law that would define the general rules of administrative- procedural relations. Such a law should establish a list of relevant principles, as well as disclose their content. The results of modern domestic normative design work in the context of consolidating the principles of administrative procedures are analyzed. The peculiarities and shortcomings of consolidating the principles that are the basis of administrative- procedural relations are highlighted. The principles of administrative procedural law include: the rule of law; legality; equality of participants before the law; use of authority for a proper purpose; validity and certainty; impartiality (impartiality) of the administrative body; good faith and prudence; proportionality; openness; timeliness and reasonable time; efficiency; presumption of legality of actions and requirements of a person; officialism; guaranteeing the right of a person to participate in administrative proceedings; guaranteeing effective remedies; state language and accessibility. They complement each other and formulate a universal basis for the regulation of all administrative and procedural relations.