Prospects of improving legal regulation of the appeal in the sphere of administrative services in the context of European experience
Journal Title: Адміністративне право і процес - Year 2016, Vol 2, Issue
Abstract
The article investigates the legal regulation of the appeal of administrative acts of the administrative authorities providing of administrative services. In the article summarizes the positive experience of European countries and its use in Ukrainian legislation. On the basis of comparative legal research, author offers the ways of improvement of national legislation in order to adopt Ukrainian legislation with the European Union legislation requirements. Special attention is devoted to there searching of protection the rights of citizens in relations with administrative authorities and preemptive protection that is provided through the participation of citizens in decision-making process and defense after breach of rights, which include: political legal protection, administrative protection, judicial protection, alternative methods of protection and others. On the basis of the positive experience of service delivery by the public administration in the UK author pays attention to a special authority and importance of the Public Services Ombudsman and proposes to create the appropriate institute in Ukraine, which defines the legal status of the Public Services Ombudsman, Ombudsman’s powers of protection the rights and interests of individuals in the provision of administrative services and more. As a result of comparative legal analysisthe author proposes a number of recommendations of improving Ukrainian regulation on the administrative procedures and legal protection of rights and interests of individuals and legal entities by creating effective mechanisms for appeal in the administrative procedures.
Authors and Affiliations
Y. B. Mykhailіuk
Keywords
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