Realization of the rule of law principle in the administrative procedure
The rule of law is a fundamental principle of law that is essential for the realization of administrative procedures, in particular in the spirit of a democratic and law-governed state defined by law, and in order to ensure the rule of law and the law, as well as the state’s obligation to ensure and protect the rights, freedoms or legitimate interests of a person and citizen. The principles of administrative procedure apply to administrative activities of administrative bodies that do not require the adoption of administrative acts. In this context, it is important to remember that an administrative body in conducting administrative proceedings is guided by the rule of law, according to which a person, his or her rights and freedoms are recognized as the highest values and determine the content and direction of the state’s activities. In addition, a very important aspect is that an administrative body carries out administrative proceedings exclusively on the basis, within the limits of its powers and in the manner provided for by national legislation, as well as on the basis of ratified international treaties. Given the importance of these aspects, the article explains such concepts as “administrative procedure” and “the rule of law principle”. The authors consider the realization of the rule of law principle in administrative procedures in the unity of three conditions: ensuring digital adaptability; ensuring clarity.
How to Cite
License
Copyright (c) 2024 DIXI
This work is licensed under a Creative Commons Attribution 4.0 International License.
Every single author of the articles has to declare that is an original unpublished work exclusively created by them, that it has not been submitted for simultaneous evaluation by another publication and that there is no impediment of any kind for concession of the rights provided for in the contract.
In this sense, the authors committed to await the result of the evaluation by the journal DIXI before considering its submission to another medium; in case the response by that publication is positive, additionally, the authors committed to respond for any action involving claims, plagiarism or any other kind of claim that could be made by third parties.
At the same time, the authors have to declare that they are completely in agreement with the conditions presented in their work and that they cede all patrimonial rights. These rights involve reproduction, public communication, distribution, dissemination, transformation, making it available and all forms of exploitation of the work using any medium or procedure, during the term of the legal protection of the work and in every country in the world, to the Universidad Cooperativa de Colombia Press.
D. Luk’yanets, O. Markova, T. Gurzhii, A. Petritskyi. Conceptual model of administrative procedure for Ukraine. Astra Salvensis, vol. 1. 2022. Р. 346.
D. M. Luk’yanets, O. O. Markova. The historical evolution of the administrative procedure (comparative approach). International Journal of Criminology and Sociology, vol. 9. 2020. Р. 2905-2907. Available at: https://doi.org/10.6000/1929-4409.2020.09.355
J. Hasnas. The corruption of the rule of law. Social Philosophy & Policy, vol. 2, num. 35. 2018. Р. 12.
K. Herasymiuk, O. V. Martselyak, Y. N. Kirichenko, N. V. Zhmur, I. I. Shmalenko. Principles of integrity and good governance in public administration. International Journal of Management, vol. 4, num. 11. 2020. Р. 554. Available at: https://doi.org/10.34218/IJM.11.4.2020.052
Li Ya-juan. On the relationship of the law-related education and the rule-of-law society. 2nd International Conference on Economics and Social Science (ICESS 2014). Shenzhen, July 29-30. 2014.
M. V. Dzhafarova. Directions of improvement of the norms of administrative procedural legislation regulating the institute of procedural representation in administrative proceedings of Ukraine. Law and Society, num. 2. 2019. P. 115.
M. V. Dzhafarova. On the issue of defining the modern system and functions of administrative procedural law as an independent branch of law. Scientific Bulletin of Uzhhorod National University, num. 54. 2019. P. 128.
M. V. Pientsov. Principles of judicial proceedings as the most important principles of effective organization of the judiciary in Ukraine and the countries of the cis. Law and Safety, vol. 2, num. 53. 2014. P. 10.
O. M. Bandurka. Administrative process of Ukraine: A monograph. KhNUIA, Maidan. (2019). P. 189.
Olha Bezpalova, Viacheslav Abroskin, Olha Andriiko, Olena Syniavska, Sergiy Yevdokimenko. The essence and types of administrative procedures in the activities of higher education institutions as subjects of the implementation of the educational function of the state. Journal of Legal, Ethical and Regulatory Issues, vol. 23, num. 1. 2020. Available at: https://www.abacademies.org/articles/theessence-and-types-of-administrative-procedures-in-the-activities-of-higher-educationinstitutions-as-subjects-of-the-implement-9708.html
O. Yu. Syniavska, V. O. Ivantsov. Limitation of getting gifts: problems of contents of the concept and terminological apparatus in the context of law realization and role of administrative law principles for their decision. Volume 2. Baltija Publishin. 2019. Р. 303-304.
Roman Shapoval, Tetiana Kolomoiets, Oksana Brusakova, Mikayil Garayev. Definition, signs and types of administrative and procedural guarantees: Established views and the need for their modernization. dixi, vol. 23, num. 2. July-December 2021. P. 3. Available at: https://doi.org/10.16925/2357-5891.2021.02.05
S. O. Shatrava, H. R. Parkhanov. Principles of preventive police activity: Concepts, content and their classification. Law and Safety, vol. 3, num. 74. 2019. P. 44. Available at: https://doi.org/10.32631/pb.2019.3.06
V. Averianov. The principle of the rule of law in reforming Ukrainian administrative law. Legal Practice, vol. 18, num. 436. 2006. Available at: http://www.yurpractika.com/article.php?id=10005979
V. O. Ivantsov. The principles of administrative law as a prism for assessing the content of normative and legal provisions: Opportunities for identifying the problems and solutions. Bulletin of Kharkiv National University of Internal Affairs, vol. 4, num. 87. 2019. P. 114. Available at: https://doi.org/10.32631/v.2019.4.11
V. T. Komziuk, Y. O. Zahumenna, A. L. Borko, S. Bortnyk. Promising directions for ensuring national security under martial law. Lex Humana, vol. 1, num. 15. 2023. Р. 518.
Xu Hanming, Zhang Xinping. The rule of law model of internet governance. Social Sciences in China, vol. 3, num. 40. 2019. Р. 135.
Yevhen Leheza, Oleksandr Shamara, Viktor Chalavan. Principles of administrative judiciary in Ukraine. dixi, vol. 24, num. 1. January-June 2022. P. 1-11. Available at: https://doi.org/10.16925/2357-5891.2022.01.08
