Administrative services: problems of theory, legislation and practice in Ukraine

Abstract

The article highlights the issues of theory of administrative services in Ukraine, including a comparison with international experience. Emphasis is put on a juridical development of doctrine on administrative services in Ukraine, and on the unique experience of adopting a special law on administrative services. Herewith there are provided characteristics of this law, analyzing positive and negative sides of such a formalizing approach, the problems of practical implementation of the Law. It is also provided an overview of the state policy in the field of administrative services, including key policy papers and laws.

Special attention in the article is paid to an establishment of integrated offices – centers of administrative services (TSNAP). The article highlights the issues of legislative requirements on TSNAPs’ establishment and also practical problems that authorities face during this work.

The article is written in the context of problematic issues of decentralization that is to say a transfer of power to local authorities. There are explored problems of basic administrative services that is particularly important in the context of policy on decentralization.

Decentralization in this sphere is already possible and can give the opportunity to improve services’ quality, enhance an efficiency of public resources’ using. The directions of changes on procedures of particular administrative services’ providing are determined so that make it possible to delegate them to local self-government.

The article contains the suggestions concerning an order of interaction between central executive authorities and local self-government on the subject of realization of the particular delegated powers. The separate bloc of the article concerns the issues of administrative services’ payment. This bloc contains determination of main problems of this sphere and the suggestions concerning a legislative determination of the criteria of pay/free services, order of determination of services’ cost and using income from them. In particular, the justification of position on the conjunction of administrative services’ cost and subjects of their providing.

The article also highlights the issues of deregulation (that means reducing a total amount of services and administrative simplification) and last governmental lawdrafting initiatives on administrative services. The approach on privatization and/or ensuring of competition in the sphere of administrative services are actual in this context. It is emphasized that the reform of administrative services’ system can significantly improve the business climate in the country and reduce corruption.