CONCEPT, CONTENT AND FEATURES OF ADMINISTRATIVE PROCEDURE

Abstract

The article is devoted to the concept, content and features of administrative procedure. The author raises the issue of regulation of relations between executive authorities, their officials and other entities authorised to perform public administration functions, and individuals and legal entities regarding consideration and resolution of administrative cases in the spirit of the Constitution of Ukraine. Updating the issue, the author clarifies in the article the relations arising from the performance by public administration of the functions and tasks defined by law, and by individuals and legal entities in relation to consideration and resolution of administrative cases. The author analyses the latest research and publications on the concept, content and features of administrative procedure. In order to clarify the problem stated by the author of the article, the author reviews the empirical regulatory framework used to create the said regulatory act. Before proceeding to a more detailed study of the concept of ‘administrative procedure’, the author refers to the reference and legal literature with a view to clarifying this concept. The author reveals the types of administrative procedures, mandatory participants to the procedure and the so-called ‘interested persons’ who enter into administrative proceedings on their own initiative or are involved at the initiative of an administrative body, since the decision in the case may affect their legitimate interests. The article focuses on the general administrative procedure in most developed countries of Western Europe, and on how the concept of ‘administrative procedure’ is understood by domestic administrative law scholars in a narrow and broad sense. In addition, with a view to clarifying the concept and essence of administrative procedure, the author also refers to the legislative interpretation of this term. The author also identifies the main subjects of administrative procedure. The author also draws attention to the features of administrative procedure, referring to national scholars and engaging in a polemic with them on this issue. The author also clarifies the procedural status of the subjects of jurisdictional proceedings arising out of dispute resolution and the implementation of any administrative procedural legal relations. Describing the understanding of administrative procedure with a view to providing a more detailed description, the author refers to the opinions of national lawyers on the features and essence of administrative procedure. In conclusion, the author expresses her own position on the important aspects of administrative procedure and its importance for administrative bodies.