Адміністративне правo і процес
ISSN: 2227-796X

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

 

 Daruha V. A. Procedural principles of good administration and the problems of improving the national legislation

    The article investigates problem issues of fi xing and implementing procedural principles of good administration, in particular the principle of participation, charges for administrative decisions and forms of administrative decisions. In the article we summarize positive experience of Western European countries and its problems of usage in the Ukrainian legislation.

    The fi rst time the principles of public administration were identifi ed in the manual «Administration and You» as a result of a comprehensive study made by the Council of Europe. These principles were divided into the following groups: «1) material (basic) principles: the principle of legality, the principle of equality before the law, the principle of proportionality, the principle of objectivity and impartiality, the principle of protection the legal rights, the principle of responsibility; and 2) procedural principles: the principle of public access to (public) services, the right to be heard, the right to representation and support, the principle of a reasonable time (period), the principle of implementation the administrative decisions and the right to appeal the administrative decisions». Later the Council of Europe prepared the preliminary draft recommendation on good administration and consolidated Model code of good administration. According to the Model code of good administration the procedural principles are: requests from private persons, right of private person to be heard with the regard to individual decisions, right of private to be involved in certain non-regulatory decisions, charges for administrative decisions, form of administrative decisions, publication of administrative decision, publication of administrative decision, entry into force of administrative decisions, execution of administrative decisions, changes to individual administrative decisions.

    In the article we focus on the three procedural principles of public administration: principle of participation, charges for administrative decisions and form of administrative decisions. The principle of participation means that public authorities shall ensure participation by private persons through appropriate means in the development and implementation of administrative measures which concern them.

    The principle of charges for administrative decisions means that charges if payable by private person to public authorities in respect of administrative decisions shall be fair and reasonable. The principle of form of the administrative decisions means that administrative decisions shall be formulated in simple and clear language that is easily understood by private person to whom they are directed.

    Author has concluded that the following problems must be resolved: harmonization of legislation in the sphere of charge for administrative decisions, approval of the Administrative procedural code of Ukraine, create better opportunities for participation private persons in the development and implementation of administrative measures that affect them.

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