Concepts, features and types of administrative procedures

V. Y. Kikinchuk

doi:10.32631/pb.2020.2.08

V. Y. Kikinchuk Kharkiv National University of Internal Affairs https://orcid.org/0000-0002-1284-2622

DOI: https://doi.org/10.32631/pb.2020.2.08

Keywords: an administrative procedure, administrative activity, administrative law, a structure, a system, administrative proceedings, legal regulation, administrative process

Abstract

Administrative procedures that are in force in Ukraine have been analyzed; their concepts, features and types have been defined. It has been indicated that understanding the content and essence of administrative procedures is a kind of success in qualitative cognition of the entire system of administrative law.

The semantics of the term of “administrative procedure” has been specified. It has been offered to understand it as the procedure of administrative proceedings determined by the current legislation of Ukraine.

Administrative and judicial, management procedures have been characterized. It has been emphasized that administrative procedures by their functional purpose are inextricably linked with management activities, as well as with the exercise of power.

The classification of administrative procedures by their nature, types and purpose has been offered.

It has been noted that clearly defined administrative procedures will greatly help the government in establishing a regime of maximum assistance to government agencies and public associations. In this way, the government will be able to ensure the maintenance of the rule of law in Ukraine, which inevitably leads to increased efficiency of the entire state system. It has been stated that the norms that determine administrative procedures should become a reliable foundation for the positive legal activity of the subjects of power.

The author has substantiated the conclusion that if the authorities comply with certain requirements for the content and form of administrative procedures (their clarity, unambiguity and focus on effective protection of human and civil rights, freedoms and interests), the possibility of introducing such a management and decision-making system there will be arbitrariness, corruption or inefficiency. To some extent, such actions will also contribute to the establishment of better interaction both between government agencies and between government and citizens.

The author has provided recommendations, with the help of which it is possible to bring the functional purpose of administrative procedures to a fundamentally new level. It is also important to consider the current administrative procedures through the prism of their effectiveness in the changing realities of reforming national legislation.

Downloads

Download data is not yet available.

Author Biography

V. Y. Kikinchuk, Kharkiv National University of Internal Affairs

Department of policing and public administration (professor);
Candidate (Ph.D.) of Juridical Sciences, Docent.

References

Bratel S.H., 2014. The nature and features of administrative procedures [Pryroda ta osoblyvosti administratyvnykh protsedur]. Visegrad Journal on Human Rights, No. 2, pp. 99-103.

Melnyk R.S., 2010. The system of administrative law of Ukraine [Systema administratyvnoho prava Ukrainy]. D.Sc. dissertation. Kharkiv National University of Internal Affairs.

Levchenko O.V., 2015. Administrative procedure as a legal form of providing administrative services: concepts, features and relationships with related legal concepts [Administratyvna protsedura yak pravova forma nadannia administratyvnykh poslyh: poniattia, oznaky ta spivvidnoshennia iz sumizhnymy pravovymy poniattiamy]. Prikarpatsʹkij ûridičnij vìsnik – Subcarpathian Law Herald, Iss. 2, pp. 106-111.

Bevzenko V.M., 2011. Some theoretical considerations on administrative procedural and procedural categories in domestic administrative law and administrative procedure science [Deiaki teoretychni mirkuvannia shchodo administratyvnykh protsesualnykh i protsedurnykh katehorii u vitchyznianii administratyvno-pravovii ta administratyvno-protsesualnii nautsi]. Visnyk Vyshchoho administratyvnoho sudu Ukrainy, No. 3, pp. 56-62.

Frolov Yu.M., 2013. Administrative procedures: content and features [Administratyvni protsedury: zmist ta osoblyvosti]. Forum prava – Forum ol Law, [online] No. 3, pp. 692-698. Available at http://nbuv.gov.ua/j-pdf/FP_index.htm_2013_3_114.pdf [Accessed 19 June 2020].

Bukhanevych O.M., 2015. The concept and essence of the procedure for providing administrative services [Poniattia ta sutnist protsedury nadannia administratyvnykh posluh]. Pravo ì suspìlʹstvo – Law and Society, No. 5, pp. 126-131.

Hubernska N.L., 2016. Administrative procedures in the field of higher education [Administratyvni protsedury u sferi vyshchoi osvity]. Abstract of D.Sc. dissertation. Yaroslav Mudryi National Law University.