Представництво в адміністративному процесі: від усунення протиріч до нових інститутів адміністративного права
Анотація
The adoption of the Code of Administrative Procedure of Ukraine has become a landmark event in the Ukrainian legal science. Said regulatory document introduced new standards of interaction of government agencies with natural and legal persons. However, the introduction of significant number of new regulatory structures in normative field requires serious work on the analysis of their interaction with existing rules of law. Thus, the purpose of the article is to identify the cases of conflict between administrative procedure and substantive law, the disagreements between administrative law and administrative law theory, and to offer the guidance of their removal from the legal framework of the state.
Based on the analysis of legislation, we concluded that the Code of Administrative Procedure does not allow public servants to have representatives in the administrative process. Moreover, the institute of representation is absent in Ukrainian administrative law and science.
We propose to conduct deep research on: a) the definition of the powers that may be delegated from constituent to a confidant; b) the range of subjects that can be a confidants; c) the determination of the grounds of representative relations; d) the formulation of the consequences of constituents power exceeding; e) the determination of the nature of the administrative power of attorney, which may be different from the contract, and so on.
The answers to these questions will form the basis of future institution of representation in administrative law. Also, based on our analysis we propose to recognize independent administrative personality of some officials of executive state bodies.
However, since the above proposals require time and extensive research, we proposed temporarily changes to the current legislation that will ensure the realization of public servants right to have a representatives in the administrative process.
