Види учасників адміністративного провадження
Types of Participants in Administrative Proceedings
Author(s): Andriy ShkolykSubject(s): Governance, Public Administration, Public Law, Politics and law, Sociology of Law, Administrative Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: administrative procedure; subjective public right; legal interest; addressee of an administrative act; involved person;
Summary/Abstract: The paper attempts a critical analysis of the new norms of the Law of Ukraine "On Administrative Procedure", dedicated to the types of participants in administrative proceedings. The relevance of the study is due to the provision of a deeper understanding by the authorized subjects of law enforcement, which will be presented for the first time in a numeral administrative proceeding. At the same time, the article is aimed not only at a deepening of the understanding of new legal categories that have were included to participants in administrative proceedings by national legislator. Also, the expediency of their inclusion to participants is analyzed as well as possible of options for future improvement of the relevant norms of the Law of Ukraine "On Administrative Procedure" are proposed. For this, the comparative legal method is widely used in the analysis, which allows to investigate the origins and prerequisites for the selection of certain types of participants based on European administrative standards and the achievements of foreign legal doctrine, enshrined in the relevant legislative administrative procedure acts. As a result of the conducted analysis, it is recommended to change the concepts applied in the Ukrainian Law in the part of the entities that participate in the general administrative procedure almost completely. At the same time, it is recommended to do this not hastily, but only after the future professional commitment and the initial experience of its enforcement gained in the first period after the entry into force of the Law of Ukraine "On Administrative Procedure".
Journal: Проблеми законності
- Issue Year: 2023
- Issue No: 163
- Page Range: 144-162
- Page Count: 19
- Language: Ukrainian