Principles of the european administrative law as principles of administrative legal regulation of state state management of economic activity in Ukraine
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 4, Issue
Abstract
This article investigates the role and the possibility of applying the principles of European administrative law for the administrative legal regulation of state management of economic activity. It was stated that implementation of the programs and reforms specified in the Strategy for Sustainable Development “Ukraine 2020” shall target also such a field as state management of economic activity, which is governed primarily by administrative law. Establishing of the principles of administrative legal regulation is impossible without due consideration of the involvement of Ukraine into the European integration processes, as well as without adaptation of Ukrainian legislation to the EU legislation. The author examines the concept of principles in general, and emphasizes that principles shall constitute the basis of any activity, primarily, of its regulation. They should become the foundation that enables achievement of the regulatory purposes and execution of tasks across the board. The principles of European administrative law as they were highlighted by Jürgen Schwarze: principle of legality; possibility of revocation (or recall) of illegal administrative act; principle of non-discrimination; legal certainty; right to defence; principle of proportionality; principle of respect for fundamental human and civil rights; principle of subsidiarity; principle of proper administration; principle of transparency, principle of application, principle of direct action became the basis for analysis conducted in this article. The author emphasized that branches of law should be based on the ideas, principles, which result from the rules and provisions of the Basic Law of our state, the Constitution of Ukraine. Therefore, our reflections on the implementation of the principles of European administrative law cover the comparison of the principles of European administrative law with the provisions of the Constitution of Ukraine, which made the reasons for some conclusions. Particularly, it was emphasized that the provisions of the Constitution of Ukraine do not reflect the following principles: principle of proportionality; principle of subsidiarity; principle of proper administration. The principle of transparency is partially reflected. Therefore, it was concluded that suggested principles of European administrative law, which have "appropriate objectification" in the provisions of the Constitution of Ukraine, shall be defined as the basic (general) principles of administrative law and, thus, of the administrative legal regulation of state management of economic activity.
Authors and Affiliations
С. І. БЕВЗ
Keywords
Related Articles
- EP ID EP663060
- DOI -
- Views 69
- Downloads 0
CONCEPTUAL FRAMEWORKS FOR IMPROVING EFFECTIVENESS OF IMPLEMENTATION OF THE FUNCTIONS OF ADMINISTRATIVE LAW: DOCTRNIAL ASPECT
In the last decades, active development, which was characterized by the changes at the level of public government, gradual formation of civil society and its joining state building and legal processes, and transformation...
ADMINISTRATIVE LEGAL MECHANISM DIRECTED TOWARDS PREVENTION AND COUNTERACTING LAUNDERING THE PROCEEDS OF CORRUPTION AND PROSPECTS OF ITS ENHANCEMENT
Having researched international and domestic legislation and programme documentation as well as the considerations of experts and scholars concerning prevention and counteracting laundering the proceeds of corruption act...
PROTECTION OF HOUSING RIGHTS AND INTERESTS OF THE PERSON: GROUNDS, SATISFACTION, PROBLEM OF CHOICE OF FORMS AND METHODS
The article is devoted to the study of legal relations in the field of civil protection of residential rights and interests of individuals. It is this formulation of the topic of research, according to the author, is the...
INFORMATION TERRORISM AS AN ELEMENT OF MODERN UKRAINIAN POLITICS
The article is devoted to the analysis of such a complex phenomenon as information terrorism, which in modern conditions of development of Ukrainian politics has received extraordinary development and significance, since...
ПРО СУТНІСТЬ АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ У СФЕРІ ОХОРОНИ ЗДОРОВ’Я
Досліджуються питання, пов’язані з регулюванням адміністративної відповідальності за вчинені у сфери охорони здоров’я правопорушення. Порівнюючи стан регламентування цього питання в інших державах, автор приходить до вис...