Monitoring of the Legislative Innovations in the Field of Administrative Procedures in Ukraine

Abstract

In the article monitoring of the legislative innovations in the field of administrative procedures on the example of the draft of the Law «On Administrative Procedure» (No. 9456 from 28.12.2018) is done. Despite the existing regulations on the future fate of such drafts, it is important for scientists and public officers to understand the proposed innovations in the field of administrative procedures, given their novelty in comparison with the ideas expressed earlier. Here is given the modern understanding of the institute of administrative procedure: 1) administrative and procedural legal relations arise between a private person and a subject of public powers (mostly administrative body) on the initiative of a private person; 2) the category «administrative procedure» is a general legal phenomenon, which denotes different types of administrative legal relations, in which there is a need to apply elements of the legal process with the aim for comprehensive, full and fair protection of the rights, freedoms and legitimate interests of private persons; 3) the implementation of a particular type of administrative procedure is determined by a separate law or by-law; 4) the main purpose of carrying out the administrative procedure is to achieve the result, duly drawn up by the subject of public power, that is, to adopt an administrative act; 5) all legal disputes arising during or as a result of an administrative procedure shall be settled according to the rules of administrative legal proceedings. The particular attention is paid to three components of efficiency of legal regulation of administrative and procedure relations: 1) the questions of administrative law making during the administrative procedure; 2) the evaluation of procedural elements of the administrative procedure; 3) the amount of discretionary powers of the administrative bodies during the administrative procedures. The author admits that the draft does not take into account the systemic problems in the public administration of Ukraine and defines two forms of control over the lawfulness of the exercise of discretionary powers by administrative bodies – preliminary control by the administrative body and judicial control. Thus it is concluded that the legislative innovations in the field of administrative procedures have the risks of additional restrictions appearance for private persons in the unequal relations with administrative bodies. Declaring the prevailing role of the initiative of private persons in the occurrence of administrative and procedural relations, such initiative sides with the administrative body during the administrative proceedings.