PRINCIPLES OF ADMINISTRATIVE PROCEDURE AS KEY PRINCIPLES OF GOOD ADMINISTRATION
Author (s): Hrechaniuk R., Hrechaniuk S.
Work place:
Hrechaniuk R.,
Doctor of Sciences of Law, Associate Professor,
Associate Professor of Department of Administrative Law and Judicial Procedure,
West Ukrainian National University,
Ternopil, Ukraine
ORCID: 0009-0001-5102-3718
Hrechaniuk S.,
Doctor of Sciences of Law, Professor, Rector,
Penitentiary Academy of Ukraine,
Chernihiv, Ukraine
ORCID: 0000-0003-2000-9523
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2025 No 1 (24): 33-46
https://doi.org/10.32755/sjlaw.2025.01.033
The article analyzes the main documents of the European Union, which enshrine the right to good administration. It is substantiated that an important guarantee of its provision is the adoption of separate legislative acts on administrative procedure, which regulate the rules of relations between administrative bodies and private individuals.
It is proven that the adoption of the Law of Ukraine “On Administrative Procedure” was an important step towards the harmonization of national legislation with the acquis of the European Union and the implementation of the concept of good governance and, in particular, its separate component, good administration. The author analyzed the main principles of the administrative procedure and proved their practical importance for ensuring the right to good administration.
The article concludes that the basic principles of administrative procedure have a constitutional basis, and others are a consequence of the harmonization of national legislation with the documents of the Council of Europe on the protection of the rights and freedoms of individuals in relations with administrative bodies. Also, the list of principles of administrative procedure correlates with the criteria that decisions and actions of subjects of power must meet, defined in Part 2 of Article 2 of the Code of Administrative Procedure.
The author provides an author’s definition of the principles of administrative procedure. It is concluded that the principles of administrative procedure represent a complex system of mutually agreed and interdependent elements aimed at harmonizing the relations of administrative bodies with private individuals, ensuring and protecting the rights, freedoms or legitimate interests of a person and a citizen, and balancing them with the public interest of the state.
The results of the study substantiate that the principles of administrative procedure are key principles and standards of good administration, an effective safeguard against abuses by public administration, and an important practical tool for resolving legal conflicts.
Keywords: principles of administrative procedure, administrative procedure, good administration, administrative body, administrative act, harmonization of legislation, European standards.
References
- Tymoshchuk, V.P. (2003), Administrative procedure and administrative services: foreign experience and proposals for Ukraine. Kyiv: Fakt.
- “Charter of Fundamental Rights of the European Union” (2013), European Law. No. 1-2. РР. 294-304, available at: http://nbuv.gov.ua/UJRN/evrpr_2013_1-2_25 (аccessed: 30 January 2025).
- Ukraine (2022), On Administrative Procedure: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
- Andriiko, O.F., Bevzenko, V.M. (2023), “Scientific and Practical Commentary on the Law of Ukraine “On Administrative Procedure”“, Edited by V.P. Tymoshchuk, Kyiv.
- Constitution of Ukraine of 28.06.1996, аvailable at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text (аccessed: 30 January 2025).
- Decision of the Constitutional Court of Ukraine of 02.11.2004 No. 15-rp., аvailable at: https://ips.ligazakon.net/document/ks04020?an=122 (аccessed: 30 January 2025).
- Boiko, I.V. and Soloviova, O.M., “Principles of administrative procedure as markers of its content“. аvailable at: https://www.researchgate.net/publication/350689682_Principi_administrativnoi_proceduri_ak_markeri_ii_zmistu (аccessed: 30 January 2025).
- Shkolyk, A.M. (2021), Administrative procedural legislation in Ukraine: formation and systematization, Zaporizhzhia.
- Resolution (77) 31 of the Committee of Ministers of the Council of Europe on the protection of individuals in relation to acts of administrative authorities of 28.09.1977, аvailable at: https://rm.coe.int/16804dec56 (аccessed: 30 January 2025).