Administrative Procedural Code – a necessary legal basis for the provision of public services by the police
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2016, Vol 1, Issue
Abstract
Several issues of legal regulation of administrative procedures and administrative services of the police are considered. Certain concepts used in the legislation and in the bills which will be taken to the legislator of legal regulation of administrative procedures are clarified. It is noted that the services provided by the units of the police are certainly public services. Characterizing these services, it should be noted that most of them are administrative ones, or those that are based on the actions of the police as an integral part of the Internal Affairs authorities, which have managerial nature, or by their applying the coercive measures regulated by administrative law are taken and aimed at the creating conditions to meet the needs of the individuals. But social needs exist and will continue to exist and must be addressed to the executive authorities and local self-government. It is through the norms of Administrative-Procedural Code should be determined by the order of the decision in the case of satisfaction of the public interest (interest of the state or community), which, in our opinion, should provide for conciliation in cases of conflict of interests of the state or society and the individual. Paper draws an attention to the need and order of application of administrative contracts in relations to the seizure of citizens for the social needs of owned property assets. Administrative-Procedural Code of Ukraine should be the basic legal act to regulate the provision of administrative services by executive bodies and local self-government, including police. Based on it, subject to its provisions should be developed in administrative regulations concerning the regulation of administrative actions to provide state services. Of course, it should be better to have such a document before the development of standards for the provision of public services and performance of state functions.
Authors and Affiliations
В. Й. Развадовський, І. П. Голосніченко, Д,І. Голосніченко
Keywords
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