До питання про поняття, сутність та види адміністративних процедур державної реєстрації актів цивільного стану
On the Question of the Concept, Essence and Types of Administrative Procedures of the State Registration of Civil Status Acts
Author(s): Serhiy V. BanakhSubject(s): Civil Society, Governance, Public Administration, Politics and society
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: administrative procedures; classification of administrative procedures; state registration of acts of civil status; subjects of public administration; public administration;
Summary/Abstract: The article is devoted to the consideration of issues related to the definition of the concept of administrative procedures of state registration of civil status acts and the main criteria for its division. The relevance of the topic is determined by the fact that the leading place in the system of providing administrative procedures belongs to the institute of state registration of acts of civil status, which is carried out by various subjects of public administration on the basis of the norms of administrative law. Increasing attention to the problem of defining, streamlining and proper legal regulation of various procedures is due to the complexity and diversity of management, regulatory and control activities of public authorities. The purpose of the article is to define the concept of administrative procedures for state registration of acts of civil status and to highlight the main criteria of their types. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, namely: the dialectical method, the logical-semantic, structural-functional method and the method of interpreting legal norms. Scientific positions on the interpretation of the essence of the concept of "administrative procedure" have been analyzed. On the basis of the conducted theoretical analysis, it was concluded that scientists are united by the thesis that the administrative procedure is directly related to the activity of public administration and is an established algorithm for the functioning of subjects of power (state authorities, local self-government bodies, their officials and officials, etc.). It is substantiated that the most convincing is the recognition of the administrative procedure as a complex normative regulator of the system of administrative-procedural norms, which determine the procedure for the implementation of certain types of actions by administrative bodies regarding the application of standardized administrative-legal measures as normatively fixed methods and techniques for the performance of state functions entrusted to these bodies . Attention is paid to the study of issues of classification of administrative procedures of state registration of acts of civil status according to separate criteria, distinguished by their own characteristics. On the basis of the conducted research, conclusions were formulated and recommendations were made for establishing at the legislative level the types of administrative procedures for state registration of civil status acts, grouped according to the relevant criteria.
Journal: Проблеми законності
- Issue Year: 2023
- Issue No: 163
- Page Range: 6-21
- Page Count: 16
- Language: Ukrainian