CONCEPTUAL MODEL OF ADMINISTRATIVE PROCEDURE FOR UKRAINE
CONCEPTUAL MODEL OF ADMINISTRATIVE PROCEDURE FOR UKRAINE

Summary/Abstract: The purpose of the study is to develop a conceptual model of the administrative procedure for Ukraine, which will help prevent the negative impact of administrative barriers and will be aimed at protecting human rights. When conducting a study on the conceptual model of the administrative procedure for Ukraine, a systematic approach was used, which allowed considering the subject as a set of interrelated elements. The dialectical method became the methodological basis of the research, since, using it, reasonable conclusions and recommendations were obtained in the field of the conceptual model of the administrative procedure for Ukraine. The Aristotelian method was used to define the main concepts in the field of administrative procedures. Based on the formal legal method, the legal terms, concepts, and processes that are enshrined in the legislation on administrative procedures were analysed. The article defines that for the Ukrainian model of administrative procedure, reception of European models is not suitable, since it does not consider all the features of fragmentary national legislation in the procedural sphere, which regulates certain types of administrative proceedings. Such models can be used as a guide for creating a model. The law of Ukraine ”On administrative procedure" presents a model of administrative procedure, yet this law has not yet been adopted due to the discrepancy between the declared scope of relations of the procedure that is the subject of regulation and the actual relations to which the relevant provisions can be applied. The study suggests making changes to the definitions of the principles of administrative procedure; expanding the types of its proceedings: general – proceedings on the initiative of the subject of the appeal; proceedings on the initiative of the subject of power (administrative body); special – proceedings in the activities of collegial administrative bodies; competitive administrative proceedings – within the framework of competitive and alternative administrative procedure.

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