Automatic Mode Of Consideration Of Administrative Cases As A Form Of Administrative Proceedings In Relations Of Administrative Procedure

Abstract

In the context of the adoption of the basic legislative act on the general administrative procedure, the author analyses the procedure for considering of administrative cases in automatic mode as one of the forms of administrative proceedings. The Law of Ukraine «On Administrative Procedure» established the rules for consideration of an administrative case in an automatic mode: 1) cases and procedure for applying the automatic consideration are provided by special legislative norms; 2) the possibility of full or partial application of the automatic mode of consideration of an administrative cases; 3) the automatic mode of administrative proceedings is implemented either with the help of software or without human intervention; 4) the absence of a procedure for hearing participants in administrative proceedings; 5) application of such a means of proof as the results of data processing (checking) during administrative proceedings in the automatic mode; 6) the administrative body is obliged to take measures to apply the automatic mode of consideration and resolution of an administrative case; 7) based on the results of consideration and resolution of an administrative case, an administrative act is automatically adopted on the basis of electronic documents in a machine-readable format and/or data from national electronic information resources; 8) the administrative body is responsible for administrative acts adopted in the automatic mode. The quality criteria for the functioning of the automatic mode as a form of administrative proceedings include: efficiency of the proceedings; effectiveness of proceedings; absence of excessively complex technological processes; unification of technical standards of electronic interaction; and public trust in administrative bodies. The author concludes that the digitalization of public administration facilitates the participation of a private person in applying to the authorized bodies of power for satisfaction of his/her rights and legitimate interests. At the same time, the State, by developing and implementing new e-government technologies, should create appropriate conditions for overcoming the actual digital inequality in society. Only under such conditions is it possible to realize the ambitious goals and tasks set at the stage of implementation of the novelties of administrative and procedural legislation of Ukraine into the practice of public administration.