ADMINISTRATIVE PROCEDURE: A LOOK INTO THE PAST AND THE PRESENT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 20)Publication Date: 2019-09-30
Authors : Ovcharuk Sergey;
Page : 7-14
Keywords : concept; public administration; power; authority; organizational actions; social relations; legal status; tasks; functions; duties; responsibilities;
Abstract
The article is devoted to the problematic issues of introducing the administrative procedure institution in Ukraine. It is emphasized that the current government system in Ukraine remains generally ineffective, since it unites both the institutions that were inherited from Soviet legal science and the new institutions that were formed during the independence of Ukraine. It is concluded that the uncertainty at the constitutional and legislative levels of the legal status of representatives of state institutions cannot contribute to the honest and efficient implementation of their constitutional duties, promotes irresponsibility, arbitrariness, and makes it impossible to implement the guarantees provided for in Article 3 of the Basic Law. The lack of consolidation of the institutions of duty and responsibility to people and society for representatives of state bodies, including members of the Government, casts doubt on the effective implementation of the principles of the rule of law and the rule of law. The subject of administrative law in that edition, which is currently used in almost all textbooks on administrative law, was determined during the discussion of 1938-1941. Thus, the dogma of Soviet legal science remains a binding requirement for modern domestic administrative science. The analysis of the relevant legislative and subordinate regulatory legal acts that govern various registration and permitting procedures indicates that they lack clear and unambiguous rules for the implementation of these procedures, and also do not spell out the functions, duties of employees of state bodies, their responsibility to people and society. The necessity of adopting a single unified legislative act, which clearly and transparently defined the rules of conduct for representatives of state institutions, is reasoned and would properly help optimize the legislation, reduce the regulatory framework, coordinate the functions of state bodies, etc.
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