Regulatory fixing of the principles of administrative law as a means of adapting Ukraine’s legislation to EU standards
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IVANŢOV, Vladimir. Regulatory fixing of the principles of administrative law as a means of adapting Ukraine’s legislation to EU standards. In: Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene, 27-28 martie 2020, Chişinău. Chişinău: Tipocart Print, 2020, pp. 65-67. ISBN 978-9975-3409-1-5.
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Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene 2020
Conferința "Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene"
Chişinău, Moldova, 27-28 martie 2020

Regulatory fixing of the principles of administrative law as a means of adapting Ukraine’s legislation to EU standards

CZU: 342.9(4+477)

Pag. 65-67

Ivanţov Vladimir
 
Kharkiv National University of Internal Affairs
 
Disponibil în IBN: 10 noiembrie 2020


Rezumat

The integration of Ukraine into the European legal, political, and economic environment was identified as a strategic priority for Ukrainian policy. Achieving this goal requires meeting the Copenhagen and Madrid criteria developed for the candidate countries for membership in the European Union (EU). As a result, in the science of administrative law, the issue of the need to develop the scientific foundations for adaptation of both scientific provisions and the normative array of domestic administrative legislation, taking into account European principles and standards, becomes relevant. In the EU countries, the provision, implementation and protection of human rights, freedoms, and legitimate interests is based on the comprehensive consolidation of the standards of activity of public administration bodies, in particular, the rule of law, legality, transparency, technical and managerial competence, organizational ability, citizen participation [1, p. 5]. It should be noted that the content of such European standards is closely related to the content of the fundamental principles of administrative law, which determine the organization of the executive branch, distribution, functions and powers between different levels of public administration. Good governance is a necessary part of the democratization of society, which means that the consolidation of relevant requirements in national legislation will meet the goals of the overall transformation of state and legal institutions in accordance with the European integration priorities of Ukraine. So, in the works of scientists in the field of science of administrative law, the standards of optimal management include: proper legislation; legality; participation; transparency of the decision-making process; access to the information; proper administration; proper staff; efficiency; proper financial and budget management; responsibility and supervision [2]. The principles and standards of good governance developed by international and European regional organizations have not yet been comprehensively implemented in administrative normative legal acts, which is primarily due to the lack of a concept for introducing principles and standards of good governance in the national legal system. From the position of A. Pukhtetskaya, “the need for a comprehensive implementation of the principles of good governance in Ukraine is explained by the fact that at the present stage of development of European legal thought these principles are defined as one of the most important elements (requirements) of the rule of law. The principles of good governance are directly related to the fundamental principles of the activities of public administrations, are generic to the latter and determine the features of their application in a democratic state” [3, p. 59]. Particularly noteworthy is the fact that the introduction of the principles of good governance into the legislation of Ukraine is hindered by a number of factors: the difficulty in defining the terms inherent in such activities due to the presentation of material in foreign languages; high level of corruption in public administration; bias against proposed and ongoing democratic reforms; outdated views on understanding management not only among public servants, but also among scientists. Therefore, the domestic system of executive authorities requires proper consideration of the principles and standards tested by European experience regarding the institutional and procedural foundations of the functioning of public administration, based on the fundamental values of freedom, democracy and the rule of law. That is, it is necessary to develop a scientific basis for taking European principles and standards into account in the system of executive authorities of Ukraine on the basis of a scientific understanding of the content of these principles, as well as determining ways and means of improving existing and developing new acts of national legislation in the field of construction and operation of the corresponding system of bodies. Thus, first of all, it is necessary, through the prism of the European experience of understanding the above principles of administrative law, to review the provisions that determine the general principles of the legal status of central executive authorities, as well as serving in public administration bodies, namely, we are talking about the laws of Ukraine “On the central executive bodies”, “On the Cabinet of Ministers of Ukraine”, “On the public service”, “On the service in local governments”. As a result, identified deficiencies should be addressed by amending them. Special attention should be paid to the textual consolidation of a unified understanding of the principles of administrative law in the context of the functioning of public administration bodies and the organization of public service. As a result, approximation of the standards of activity of executive authorities and local self-government in Ukraine to the European principles and standards of public administration serves as one of the prerequisites for the development of a rule of law state in Ukraine, the establishment of the rule of law, civil society, and the universal realization of the rights and freedoms and legitimate interests of citizens and legal entities.