ESSENCE AND CONTENT OF PROCEDURE PROVISION OF ADMINISTRATIVE SERVICES: SOME PROBLEMS OF DEFINITION
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
Formulation of the problem. There are many mechanisms for ensuring human rights and freedoms guaranteed by the Constitution of Ukraine. One of the most important instruments is a relatively new for the national legislation institution of administrative services in the activity of public administration bodies. Mentioned legal institution aimed at implementing specific rights, freedoms and duties of citizens, has much in common with the concept of positive administrative proceedings. Until now, scientists have not made distinction between the two concepts, causing problems in their relationship. The purpose of the publication is an attempt to determine the essence and content of the administrative services procedure (for example, the activity of realizing tax policy in Ukraine). Conclusions and recommendations for further research. Problems, outlined in this article are diverse and require more detailed analysis of all related phenomena. It is impossible to do it within this article. It will be the subject of further publications. However, the present study enable the following conclusions: - Reasonable division of administrative positive proceedings into two groups has been grounded: those in which administrative services are provided and those in which administrative services are not provided. - It has been proved that the principle feature of positive administrative proceedings, in which administrative services are provided is the availability of the application of the person concerned in receiving services. Control proceedings do not belong to the proceedings of this group. - It is possible to give the definition of administrative positive proceedings, in which administrative service is provided - resolving of administrative cases of non-conflict nature, regulated by the legislation on administrative services. It is implemented through proceeding parties’ deeds aimed at implementing legal rights, freedoms and interests, and performance of its members’ duties. It has the effect of providing administrative services. - As positive administrative proceedings are a kind of administrative process, the relationship of administrative services and administrative process is done by establishing criteria for the separation of these proceedings into two groups. - Procedural norms, regulating provision of administrative services are also procedural norms, regulating realization of administrative positive proceedings, in which administrative services are provided.
Authors and Affiliations
Katerina Shevchenko
Keywords
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