REGARDING THE IMPLEMENTATION OF THE LAW «ON ADMINISTRATIVE PROCEDURE»

Abstract

Purpose. The purpose of the article is to highlight the latest stages of the adoption and entryinto force of the Law of Ukraine “On Administrative Procedure” (hereinafter – LAP), its keynovelties, as well as the formation of a vision regarding the main measures of implementing thePAP, approaches to solving potential conflicts between the LAP and current legislative acts.Methods, Research methods are historical, comparative and legal, as well as methods offorecasting, analysis, and generalization.Results. The law with a 23-year history of preparation was finally adopted before the full-scaleinvasion of the Russian Federation into Ukraine. The article pays attention to the practical noveltiesof the LAP, as well as a significant theoretical novel - the introduction of the construction of “publicadministration” into the Ukrainian legislation. Among the measures for the implementation ofthe LAP, the following stand out: timely normative harmonization of the current legislation onthe LAP, development of approaches to solving potential conflicts, educational and scientificcomponents. Many novels of LAP still need in-depth scientific study. This especially applies to theproblem of determining the boundaries of the sphere of public administration (taking into accountthe dynamics of social relations, the processes of delegation of public functions, privatization,etc.), the determination of the subjects of consideration of complaints in the administrativeorder (mainly affecting the issue of the subject competence of administrative bodies and the political-administrative nature of individual bodies executive power and local self-governmentbodies), revocation and invalidation of administrative acts, etc.The greatest attention in the article is paid to the problems of potential conflicts of the LAP withspecial legislation and approaches to solving these conflicts. These approaches are based on theprinciples of LAP and their priority. The following principles are of particular importance andvalue: guaranteeing a person’s right to participate in the proceedings (including the person’sright to be heard), guaranteeing effective means of legal protection, the principles of formality,reasonableness, and openness. In addition to significant conflicts, potential “technical” conflictsand ways to resolve them are also outlined.Conclusions: It is necessary to welcome the adoption of the LAP in such difficult times. This isa practical confirmation of the civilizational choice of Ukraine, our European integration. Nowthe Ukrainian state must make due efforts to implement the LAP, because its implementation willsave public resources at the next stages, simplify legal regulation for citizens, businesses, andpublic officials. It is necessary to ensure that the current legislation is brought into line with theLAP, training of public servants, further theoretical development of the problems of the generaladministrative procedure. Approaches to resolving potential conflicts should be developedseparately. And here, the principles of LAP, their correct understanding and application playa key role.