Administrative procedural law: idea and realization

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Administrative procedural law: idea and realization

Journal Title: Lex portus - Year 2017, Vol 7, Issue 5

Abstract

Expediency of general law (code) on administrative procedure is still discussed among Ukrainian scholars, public servants and some politicians. At the same time, more and more European countries, including not only the EU-members but also states that belonged to the former Soviet Union adopt such the law. So in spite of three attempts in Verkhovna Rada, Ukraine remains one of a few European states that lack appropriate legislation. The article deals with some core ideas for formation of administrative procedural law in Ukraine, including strengthening of private person`s procedural rights in relation with public administration. The state and deficiencies of the current normative acts which consist of administrative procedural norms are also highlighted. The author states that recent developments of legal doctrine of administrative procedure and consequently the ideas from the soft law documents of the European institutions can and shall be used while elaborating relevant Ukrainian legislation. Among others, the Recommendation of the Committee of Ministers of the Council of Europe to member states on good administration (2007) and the European Parliament Resolution with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2013) are supposed to be taken into consideration. Finally, refinement and adoption of general law (code) on administrative procedure are seen as necessary steps for improvement of legal regulation of Ukrainian public administration.

Authors and Affiliations

Андрей Школык, Andriy Shkolyk, Андрій Школик

Keywords

EP ID EP247168
DOI -
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