Prospects for the development and application of legislation on the provision of administrative procedures in Ukraine

Abstract

The article is devoted to highlighting the problematic issues of development and application of legislation regarding the provision of administrative procedures in Ukraine. The article analyzes the current state of administrative and legal regulation of administrative procedures, highlights the main problematic aspects of administrative legislation in this area, and suggests ways of development. The analysis of the provisions of the Law of Ukraine "On Administrative Procedure" was carried out, the positive aspects and problematic issues of the administrative and legal norms of this legislative act were highlighted. The article draws attention to innovations related to the definition of basic and key concepts and categories that determine the administrative procedure, the rights of the subjects of the appeal, the powers of public authorities regarding the content of their discretionary powers, informing and advising participants in administrative proceedings on issues related to administrative procedures, as well as regarding the content of their rights and obligations. Detailed attention is paid to the issue of competition between the norms of the Law of Ukraine "On Administrative Procedure" with special legislation, problems of the existence of evaluative concepts, etc. The article states that the absence of effective legislation on administrative procedure in our country reduces the level of public service activity of public administration, prevents Ukraine from approaching European standards of good governance, creates conditions for the existence of corruption risks and violations of the rights of individuals by subjects of public administration. It turns out that the importance of effective and efficient legislation that regulates administrative procedures is difficult to overestimate in the context of observing and protecting the rights and interests of a person in relations with subjects of public administration. It is justified that, unfortunately, Ukraine still does not have the appropriate unified administrative legislation that regulates administrative procedures. Therefore, the further development and unification of the Law of Ukraine «On Administrative Procedure» and special legislation is one of the primary tasks that our state must solve in the process of fulfilling European integration tasks and further reforms. Attention is drawn to the fact that in the process of improvement and unification of legislation on administrative procedure, the best European practices of legal regulation of procedural activities of public administration should be taken into account. The new legislation on administrative procedure should be adapted to the standards of EU legislation in this area.