Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 15/11/22 Aceptado el 20/01/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 41, Nº 76 (2023), 453-468
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Methodological principles of studying
the essence of public administration
bodies as subjects of administrative
procedural law
DOI: https://doi.org/10.46398/cuestpol.4176.26
Oleksandr Morhunov *
Ihor Artemenko **
Yevhen Sobol ***
Lilia Bobryshova ****
Serhiy Shevchenko *****
Abstract
The purpose of the study was to clarify the methodological
foundations of the essence of public administration bodies as
subjects of administrative procedural law. The methodology of
scientic work is determined by the optimal combination of general
and special methods of scientic knowledge, which made it possible to form a
holistic understanding of the legal form of social phenomena accompanying
the development of the state. It is proved that administrative procedural
law has its own system, the primary element of which is the administrative
procedural norm, so that its normative impact coincides with the purpose
of administrative procedural law, namely the practical implementation of
administrative and legal norms in the eld of public law and, by extension,
public administration, i.e. the transformation of substantive administrative
law norms at the level of practical implementation of a particular right
of a person. The system of administrative procedural law, consisting of
rules, institutions and administrative procedural sub-sectors, stands out.
Everything leads to the conclusion that the system of administrative-
procedural law is in the formative stage and is structurally composed of
administrative-procedural norms, institutions and sub-branches and is
essentially related to the substantive norms of administrative law.
* Kharkiv National University of Internal Aairs, rst vice-rector, Doctor of Law, Professor, Kharkiv,
Ukraine. ORCID ID: https://orcid.org/0000-0003-2259-3620
** Kharkiv National University of Internal Aairs, research ocer, Doctor of Law, Professor, Kharkiv,
Ukraine. ORCID ID: https://orcid.org/0000-0002-9144-1500
*** Volodymyr Vynnychenko Central Ukrainian State University, Rector, Doctor of Law, Professor,
Kropyvnytskyi, Ukraine. ORCID ID: https://orcid.org/0000-0002-0804-8354
**** Dnipropetrovsk State University of Internal Aairs, Head of the Department of Quality-Ensured
International Activities, Doctor of Philosophy. ORCID ID: https://orcid.org/0000-0003-1022-4027
***** Director of the E ducational and Scientic Institute of Correspondence Education and Advanced
Training of the Dnipropetrovsk State University of Internal Aairs, Candidate of Legal Sciences,
Associate Professor Serhii Shevchenko. ORCID ID: https://orcid.org/0000-0003-4133-8860
454
Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
Keywords: administrative law; administrative procedural law; public
administration; subjects of law; public administration.
Principios metodológicos del estudio de la esencia de
los órganos de la administración pública como sujetos
del derecho procesal administrativo
Resumen
El objeto del estudio fue esclarecer los fundamentos metodológicos de
la esencia de los órganos de la administración pública, como sujetos del
derecho procesal administrativo. La metodología del trabajo cientíco está
determinada por la combinación óptima de métodos generales y especiales
de conocimiento cientíco, lo que hizo posible formar una comprensión
holística de la forma jurídica de los fenómenos sociales que acompañan el
desarrollo del Estado. Se prueba que el derecho procesal administrativo
tiene un sistema propio, cuyo elemento primordial es la norma procesal
administrativa, de modo que su impacto normativo coincide con la nalidad
del derecho procesal administrativo, a saber, la aplicación práctica de las
normas administrativas y jurídicas en la materia de derecho público y,
por extensión, de la administración publica, es decir, la transformación
de las normas de derecho administrativo sustantivo en el plano de la
implementación práctica de un determinado derecho de una persona. Se
destaca el sistema de derecho procesal administrativo, constituido por
normas, instituciones y subsectores procesales administrativos. Todo
permite concluir que el sistema de derecho administrativo-procesal se
encuentra en fase de formación y se compone estructuralmente de normas,
instituciones y subramas administrativo-procesales y está esencialmente
relacionado con las normas sustantivas de derecho administrativo.
Palabras clave: derecho administrativo; derecho procesal
administrativo; administración pública; sujetos de
derecho; administración pública.
Introduction
The Ukrainian state has entered a new stage of its development, which is
connected with many factors of a legal and social nature that have recently
occurred in the country. Such factors should include: 1) the formed civil
society, which has recently become an active participant in decision-
making in the state and a driving force in the management of state aairs;
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CUESTIONES POLÍTICAS
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2) a change in the ideology and role of the state in the realization of human
and citizen rights and freedoms; 3) the aspiration of civil society to become
a part of the European community and to introduce standards of state
functioning institutions at the level of developed countries of the world;
4) the emergence of an active citizen position regarding the ght against
corruption in state authorities; 5) adoption of a number of normative legal
acts, which oblige to adapt the national legislation to the legislation of the
European Union and a number of others.
All this necessitates the revision of established legal positions and
categories that determine the principles of the functioning of state
institutions and the procedural regulation of their activities, taking into
account the changes taking place in our country. The above is the basis
for summarizing scientic developments regarding the essence of public
administration bodies as subjects of administrative and procedural law.
1. Purpose and objectives of the research
The main goal of the article is the need to clarify the methodological
foundations of the study of the essence of public administration bodies as
subjects of administrative and procedural law, which makes it necessary
to focus on the analysis of categories of a more general order, such as
“state administration”, “public administration”, “sub “object of state
administration”, since the interrelationship of the latter is central to legal
science and to understanding the need for fundamental changes regarding
the introduction into legal circulation of categories used by EU law.
2. Literature Review
The scientic-theoretical basis for solving the questions within
the scientic work is the scientic works of domestic administrative
scientists, in particular: Averyanov, Bandurka, Bevzenko, Chernov,
Voronin, Hayduchenko, Gulac, Demsky, Dzhafarova, Koliushko, Kolpakov,
Kramarenko, Kuzmenko, Melnyk, Mykolenko, Mosyondz, Muza, Muzychuk,
Paterylo, Selivanov, Streltsov, Tyshchenko, Tymoshchuk, Tsybulnyk,
Shatrava, Yastremska and other authors. their works are a scientic
foundation for further research of the mentioned issue.
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Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
3. Research Methodology
The methodology of a scientic work is determined by the optimal
combination of general and special methods of scientic knowledge,
which allows to form a coherent scientic idea about the legal form of
social phenomena accompanying the development of the state. The
logical-semantic method is the basis for the formation of categories and
concepts, in particular: “state administration”, “public administration”,
“administrative-procedural law”, “procedural forms”, “administrative acts”.
The system method was used when determining the general principles
of the functioning of the public administration of Ukraine. The comparative
legal method was used to study the peculiarities of the administrative-
procedural legal personality of public administration bodies. The method
of documentary analysis was used to illustrate the achievements and
shortcomings of the modern doctrine of building a new model and system
of public administration bodies in Ukraine.
4. Results And Discussion
To solve the tasks, we will turn to theoretical developments. Let us
emphasize that the state, as a “social phenomenon”, is created for the
purpose of organizing society to ensure and protect individual, collective
and general societal interests by establishing universally binding rules of
conduct (legal norms) in a certain territory. At the same time, the fulllment
of the above is possible only under the condition of a social contract, which
consists in the fact that the state undertakes to maintain the balance of
private and public interests in society, and citizens, in turn, undertake to
comply with the established rules of conduct.
That is, in a broad sense, the functions of the state can be divided into
three large groups: 1) establishment of universally binding rules of conduct,
2) provision of a mechanism for the implementation of the above rules; 3)
the function of resolving disputed issues (justice). The combination of these
basic functions of the state found its consolidation in the Constitution of
Ukraine. So, in Art. 6 of the Constitution of Ukraine it is stated that state
power in Ukraine is exercised on the basis of its division into legislative,
executive and judicial (Law of Ukraine, 1996).
To establish their content, it is necessary to proceed from the forms
of state activity. Thus, legislative activity consists in the adoption of laws,
executive activity - in their direct implementation, and judicial activity -
in the resolution of disputed issues. The question arises whether modern
forms of state activity of the Ukrainian state meet public demand. The
answer to this question, as we see it, lies in the denition of the essence of
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the activity, which implies the direct implementation of laws and is called
“state administration”.
Let us emphasize that the category “public administration”, taking
into account the transformational processes taking place in our country,
is currently too narrow, since it does not take into account a large number
of subjects involved in the realization of public interest. Accordingly, the
category “subject of state administration” also cannot meet the needs of
law enforcement practice and needs its revision and introduction into
legal circulation of a category that would unite all subjects involved in the
realization of public interest.
In this aspect, the experience of European countries is useful. Taking
into account the Action Plan “Ukraine - European Union” approved by
the Cabinet of Ministers of Ukraine dated 12.02.2005 and the Council on
Cooperation between Ukraine and the European Union dated 21.02.2005
(Plan, International document on February, 2005), work on the convergence
of legal terminology in national legislation.
Also, the Law of Ukraine “On the Nationwide Program for the Adaptation
of the Legislation of Ukraine to the Legislation of the European Union”
dened the goal of adapting the legislation of Ukraine to the legislation of
the European Union, which consists in achieving compliance of the legal
system of Ukraine with the acquis communautaire, taking into account the
criteria put forward by the European Union (EU) to the states, who intend
to enter it.
In order to implement the Plan, a working group was formed to prepare
a draft of the concept of reforming public administration by order of the
Cabinet of Ministers of Ukraine dated March 26, 2008 No. 531-r, the result
of which was the corresponding project (order of the Cabinet of Ministers
of Ukraine, 2008).
In the project of the Concept of reforming public administration in
Ukraine, there was an attempt for the rst time at the legislative level to
establish the category “public administration”, which was proposed to mean
executive power bodies, local self-government bodies and other entities
that, in accordance with the law or administrative agreement, have the
authority to ensure the implementation of laws , to act in the public interest
(performance of public functions) (Koliushko and Tymoshchuk, 2006).
The denition of administration that was laid out in the book “Science
of Administration and Administrative Law” is interesting. Thus, it is: 1)
the broadest concept: every planned activity of an individual and a private
person, which competes to achieve the specied goals; 2) more closely: every
planned activity of the state competing to achieve state goals; 3) even more
closely: executive powers of the state, i.e., the entirety of state functions
minus legislation; 4) most closely: the entirety of state functions minus
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Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
legislation and the judiciary (Bevzenko and Koliushko, 2016). Professor V.
Yavorsky notes that administration is the activity of the state, covering all
areas, with the exception of legislation and the measure of justice (Bevzenko
and Koliushko, 2016). These denitions were formed back in the 18th-19th
centuries, but have not lost their relevance even today.
Thus, public administration is the activity of public administration
entities regulated by laws and other legal acts, related to the implementation
of management functions in the ways specied in instructions, regulations
and procedures, which focuses on the implementation of directives, orders,
etc. (Kramarenko, 2022). The proposed denition is too narrow, as it does
not take into account the service basis of the modern state and does not
correspond to the human-centered concept of the latter’s development.
Chernov and Hayduchenko give the following denition of public
administration. As regulated by laws and other normative legal acts, the
activity of public administration subjects is aimed at implementing laws and
other normative legal acts, by making administrative decisions, providing
administrative services established by law (Chernov and Hayduchenko,
2014).
According to Yastremska and Majnyk, the concept of “public
administration” has become widespread in recent years and involves the
provision of European-level administrative services by implementing the
principles of democratic governance into practice (Yastremska and Majnyk,
2015). We only partially agree with the proposed denitions, because we
believe that public administration has a wider range of legal relations that
are not taken into account by researchers. Thus, relations related to work
with citizens’ appeals, control-supervisory and tort relations were left out
of consideration.
According to I. V. Paterilo, it is appropriate to include the following
characteristics of public administration under the law of the European
Union: 1) the concept of public administration covers public authorities
of various levels, other public institutions, as well as subjects of delegated
powers; 2) the recognition by individuals or certain institutions of the legal
status of public administration is directly related to their performance
of public functions of the state; 3) classifying certain persons as subjects
of public administration, and therefore their performance of tasks and
functions of the state, is possible only under the condition that this is
provided for and regulated by state regulations (Paterylo, 2015).
The position that was formed by S. O. Masyondz, who considers public
administration as a legal category that has two dimensions: functional and
organizational-structural, needs attention. According to the functional
approach, this is the activity of the relevant structural entities for the
performance of functions aimed at realizing the public interest. According
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to the organizational and structural approach, public administration is a set
of bodies that are formed to exercise public power (Mosyondz, 2013).
We believe that the most key features of public administration bodies
are the implementation of public interest, as well as the endowment of the
latter with public-authority powers. At the same time, the implementation
of the public interest does not always involve the endowment of public
administration with powerful powers, we are talking about the service
component of the functioning of the state.
In this context, the scientic work of O.V. Dzhafarova, who understands
the public administration bodies as subjects of permitting activity as a
system of separate state bodies, primarily executive power, local self-
government bodies, legal entities of public and private law, endowed with
their own or delegated powers to carry out permitting activities, which were
created for the purpose of implementing public functions in all spheres of
society functioning, the activities of which are aimed at realizing the rights,
freedoms and legitimate interests of a certain group or individual natural
and legal persons enshrined in the Constitution of Ukraine, ensuring life,
human health, safety of the environment and national interests (Dzhafarova
, 2015).
To the main features of the public administration body as a subject of
permitting activity, the scientist includes: 1) the purpose of the activity is
to maintain a balance of public and private interest (the eort to ensure
benets that have a general societal weight, that is, benets that are
important not only for one individual, and for a signicant number of people
– communities, societies); 2) have organizational separation; 3) vested
with authorization powers; 4) the organization, grounds and procedure of
permitting activities are regulated by the norms of administrative law; 5)
connectedness with the limits, grounds and method of implementing the
authorization powers dened in the legislation (Dzhafarova, 2015).
In their turn, scientists determine the criteria for the activity of public
administration bodies through the appropriate forms of public power
implementation, which plays an important role in maintaining the
eectiveness of the management system: issuance by authorized persons
of certain decrees and orders; provision of administrative services to
individuals and legal entities; implementation of control and supervision
activities; handling complaints, etc. (Shatrava et al., 2020).
The analysis of scientic works, in which questions were raised about
the criteria for the eectiveness of public administration bodies, provides
an opportunity to indicate: the eectiveness of the internal management
activity of public administration bodies; public trust in the relevant bodies of
public administration; indicators of the provision of quality public services,
timeliness of the provision of public services, the economic component of
the provision of public services, etc. (Streltsov et al., 2021).
460
Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
The analysis of existing scientic developments allowed us to come to
the conclusion that the content of the category “public administration” is
broader compared to the category “bodies of public administration”, as
it covers all subjects whose activities are aimed at the implementation of
public functions of the state, including physical ones and legal entities
of public and private law with delegated powers on the basis of national
legislation, as well as on the basis of relevant agreements.
It should be noted that the need to introduce a unied category into
legal circulation, which designates subjects implementing public interest,
namely «public administration bodies», is overdue.
This is due to a number of circumstances: 1) the formation of a theoretically
grounded model of unied rules and procedures for the activities of entities
that perform public-authority functions on a conceptual basis; 2) the need
to adapt the national legislation to the legislation of the European Union,
but at the same time, the European experience of understanding public
administration should be applied in the part that does not contradict the
Constitution of Ukraine and allows to improve (rather than change) the
system and mechanism of public administration in accordance with the
best European practice and European standards; 3) ensuring the balance
of “humanitarian” and “sociocentric” concepts of state development,
which involves depriving state institutions of the “monopoly of power” and
introducing a mechanism for delegating public-authority powers to other
institutions of civil society; 4) the active civic position of modern Ukrainian
society regarding participation in the implementation of public functions of
the state, provided that this is provided for and regulated by normative acts.
Summarizing the above positions, we will single out the signs that
determine the belonging of subjects to public administration bodies, namely:
a) the purpose of creation is the implementation of the public interest of the
state and territorial communities, as well as guaranteeing the rights and
freedoms of natural persons, the rights and legitimate interests of legal
entities; b) the competence of a power-administrative nature is established
by the current legislation; c) predominant organizational separation.
Within the scope of this study, we will try to dene the concepts,
peculiarities of activity and system of public administration bodies, which
are subjects of administrative-procedural law. To dene the system of
public administration bodies, we would consider the general provisions of
legal science. To do this, we will analyze the existing views on the essence of
the “system” category.
But the system cannot exist by itself, because the latter exists in a certain
environment of interaction with this environment and fullls its purpose by
operating with its properties. R. S. Melnyk formulates his own denition of
a system - it is a whole complex of separated, interconnected and interacting
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CUESTIONES POLÍTICAS
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elements, which forms a special unity with the environment and is at the
same time an element of a higher order system (Melnyk, 2010).
In turn, V.K. Kolpakov notes that the system is characterized by
certain features, among which are the unity of the system in relation to
the environment (integrity) and the diversity of connections with the
environment, the nature of which makes it a subsystem of another, more
complex system (Kolpakov, 1989). Y. G. Voronin understands the “system”
as a set of united, interconnected and interacting elements, the purpose of
which is to achieve a socially useful result, welfare. That is, all elements of
the system, each fullling its purpose, work for the overall result that the
system faces (Voronin, 2016).
Summarizing the given denitions, we emphasize that the denition of
the «system of public administration bodies» should be carried out through
a systemic approach, since it provides an opportunity to reveal its essence
through its elements, relationships, connections, integrity, etc. Therefore,
the elements of the system of public administration bodies should include:
executive power bodies, local self-government bodies, enterprises,
institutions and organizations in cases where the latter have delegated
part of their powers and other subjects performing public management
functions.
Taking into account the fact that the purpose of our research is public
administration bodies that, performing tasks related to the implementation
of the public interest of the state and territorial communities, as well as
guaranteeing the rights and freedoms of natural persons, the rights and
legitimate interests of legal entities, are assigned the corresponding rights
and obligations recorded in administrative and legal norms, it is necessary
to determine the question how the process of implementing the relevant
norms takes place.
It is obvious that many material norms of law in the sphere of public
administration cannot be fully implemented without the improvement of the
corresponding procedural mechanism (Bandurka and Tyshchenko, 2002).
All this determines the need to review the existing scientic positions on
the procedural regulation of the activities of public administration bodies,
since this activity is the main content of their functioning.
For this purpose, we will analyze the existing scientic approaches
to understanding “administrative process”, “administrative procedural
law”, “administrative procedure”, “administrative procedural form”. But
rst, it is necessary to note that today there are lively discussions about
the separation of the branch of law that denes the principles of direct
implementation of the norms of substantive law. Each material rule of law
is essentially “static” because it contains the consolidation of a certain right.
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Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
Its implementation always involves the implementation of a set of
consecutive actions, which also have their own legal regulations and
which lead to a change in the position of a certain object. Such a complex
of actions is called “process”. Turning to the dictionary of the Ukrainian
language makes it possible to determine the interpretation of the “process”
category. Thus, “process” (lat. рrосessus - movement) means: 1) a sequential
change of states or phenomena that occurs in a natural order; the course of
development of something; 2) a set of consecutive actions, means aimed at
achieving a certain result; 3) consideration of a court case; the court case
itself (Bilodid, 1977).
Analysis of the content of the specied category allows us to distinguish
the characteristic features of this phenomenon, which should include: 1)
a complex of actions; 2) all actions are sequential and interconnected; 3)
the process has its beginning and end in the form of a certain result; 3) the
process is always a certain period of time from the beginning to obtaining
the result; 4) a change in the state of the object (phenomenon) in relation to
which the last one was initiated. Yu. S. Shemshuchenko, in turn, notes that
the process in law is:
A legally dened procedure for the application of material legal norms (election
process, budget process, law-making process, etc.). From this follows the presence
of procedural law as a set of legal norms that regulate the order (procedure) of the
implementation of material norms of constitutional, civil, criminal, administrative
and other branches of law. Procedural law gives energy to substantive law, is a
procedural form of implementation and protection of the latter (Shemshuchenko,
2003: 187).
O. V. Kuzmenko understands the legal process as a system of interrelated
and mutually determining legal forms of activity of competent bodies,
ocials, which are manifested in the implementation of consecutive
operations, clearly dened by procedural norms, for the resolution of legal
cases that determine the corresponding legal consequences (Kuzmenko,
2013). At the same time, O. I. Mykolenko says that any legal process is a
legal procedure, but not every legal procedure is a legal process (Mykolenko,
2010). Without plunging into theoretical controversy, we will express our
own position on this matter.
We believe that the category of legal process involves a set of legal
procedural forms of activity of the relevant subjects on the basis of which
a certain activity is carried out, which is regulated by the norms of the law
of the relevant branch. We emphasize that, depending on the scope of
social relations, which require their own procedural regulation, criminal,
civil, administrative, constitutional, budgetary, election process, etc. are
distinguished. We will analyze existing approaches to understanding the
category “administrative process”.
According to A. O. Selivanov:
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The administrative process includes a set of sequentially implemented stages
of proper behavior of subjects - participants in administrative legal relations,
according to which rights and obligations are distributed between them in
relation to the normativity of the fact as a special property of reality. Substantive
administrative law reects the desire of the parties to achieve the goal established
by law, which acts as a means of knowing the fact and constitutes the essence of
the process. This conclusion creates a prerequisite for a broad understanding of
the administrative process, which allows us to avoid excessive xing of the terms
of legal science, and as a result, to prevent the narrowing of the interpretation of
the process in its narrow jurisdictional understanding (Selivanov, 2000: 14-15).
As Muza notes, the “broad” concept of the administrative process is
the most recognized doctrinal approach in the science of administrative
law, since its authors illuminate the essence of the administrative
process through various spheres of implementation of the administrative
substantive legal relationship using procedural and legal means. Using the
theoretical foundations of the “broad” concept of the administrative process,
it is possible to avoid scientic inaccuracies regarding the characteristics of
certain types of procedural legal relations in administrative law. At the same
time, such a doctrinal approach also has its shortcomings (Muza, 2016).
Another group of scientists interprets it in a narrow sense, i.e. it is
associated only with the consideration of administrative cases. Thus, V. M.
Bevzenko emphasizes that what distinguishes administrative procedural
law from the rest of the branches of national law is its main idea, purpose
- and regulation of the joint activity of administrative courts, individuals
and legal entities - participants in public legal relations - in connection with
the protection, restoration or recognition of public rights, freedoms and
legitimate interests of these persons (Bevzenko, 2011).
The analysis of the mentioned position shows that the scientist considers
administrative procedural law from the standpoint of the implementation
of administrative proceedings. At the same time, in scientic works of a
later period, the scientist talks about the “administrative process”.
We support of the “broad approach”, but we consider it expedient to talk
not about “administrative process”, but about “administrative procedural
law”. According to E. F. Demsky, the social purpose of administrative
procedural law is expressed in the construction of legal norms aimed at
ensuring the real possibility of implementation and protection in the
administrative (instance) and, in necessary cases, in the judicial procedure,
the rights and legitimate interests of private (physical or legal) person
(Demsky, 2008).
The researcher stipulates the presence of administrative procedural law
as follows: 1) administrative procedural norms mediate the functioning
of public power in the state, since the subject of procedural branches of
law is derived from the subject of legal regulation of material branches of
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Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
law; 2) administrative aairs make up a signicant part of public relations
in the sphere of public administration; 3) consideration and resolution
of administrative cases always bears the imprint of management practice
(Demsky, 2008).
According to Kuzmenko, “administrative-procedural law is a system
of legal norms that regulate state-authority organizing social relations
that arise in connection with the implementation of the administrative-
procedural form on the application of the norms of the relevant material
branches of law” (Kuzmenko, 2004: 168).
We emphasize that it is impossible to formulate the author’s denition of
administrative-procedural law without knowing the essence of its subject.
However, the specied task can be solved again only after clarifying the subject
of administrative law, since administrative procedural law determines the
procedural form of implementing the norms of administrative law. Thus,
according to V. B. Averyanov, the subject of administrative law should be
understood as managerial relations, but not all, but only those that arose in
connection with the performance of executive and administrative functions
by bodies of public, rst of all, state power.
The peculiarity of these relations, the author notes, is that: they arise only
as a result of power activities, activities on behalf of the state; the relevant
executive authority always participates in them. The specied relations arise
in various spheres of state administration: economic, social, political, but
all of them are connected by the protection of public interest (Averyanov,
2002). The position of the outstanding scientist, which was formulated
later, also needs attention. He notes that in the subject of administrative
law, two main components should be distinguished: power-coercive and
public-service (Averyanov, 2007), within which, in fact, appropriate ways
of implementing management powers are manifested.
Transforming the above into tasks that are within the limits of scientic
work, we will formulate the subject of administrative and procedural law.
Thus, the latter should be understood as a set of administrative-procedural
relations that arise in the eld of public administration in connection
with the implementation of the administrative-procedural form for the
application of the norms of the relevant material branches of law. This
conclusion regarding the subject of administrative-procedural law reveals a
“broad approach” to its understanding and is currently the most acceptable,
as it reveals the functional purpose of the latter as an independent branch
of law.
465
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Vol. 41 Nº 76 (2023): 453-468
Conclusions
It should be noted that administrative-procedural law has its own
system, the primary element of which is an administrative-procedural rule,
the regulatory inuence of which coincides with the goal of administrative-
procedural law, namely the practical implementation of the norms of
administrative law in the eld of public administration, that is, the
transformation of the norms of substantive administrative law into a
plane practical implementation of a certain right of a person. The system
of administrative-procedural law is at the stage of formation and consists
of administrative-procedural norms, institutions and sub-branches and is
essentially related to substantive norms of administrative law.
So, administrative-procedural law is a branch of national law under
which it is expedient to understand a set of administrative-procedural
norms, institutions and principles of regulation of the procedure for
solving individual-specic cases in the sphere of public administration. The
resolution of an individual-specic case in the eld of public administration
is transformed into an administrative-procedural form, which is always
connected with the implementation of a material administrative-legal
norm.
Taking into account the broad approach to the denition of administrative
procedural law, we consider it expedient to single out the following structure
of administrative procedural law from the standpoint of division into three
sub-branches: 1) management administrative-procedural law, which
consists of positive law enforcement activities of public administration
bodies, which is divided into external management administrative-
procedural law and internal management administrative-procedural law; 2)
administrative-delict procedural law, which is related to the administrative-
procedural form of protection against violations of the established rules
(proceedings in cases of administrative oenses, disciplinary proceedings
and proceedings on citizen complaints); 3) administrative-judicial law as
justice in matters of administrative jurisdiction, which is regulated by a
separate procedural code - the Code of Administrative Justice of Ukraine.
Summing up, let us emphasize that we claried the degree of scientic
development of the problem of dening the concept and characteristics of
public administration bodies as subjects of administrative-procedural law,
which made it possible to formulate the author’s approach to the denition
of public administration bodies as subjects of administrative-procedural
law.
Thus, the latter represent a system of bodies of executive power, local
self-government, enterprises, institutions and organizations in the event
that they are delegated by the bodies of executive power and local self-
government part of their powers and other subjects performing public
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Oleksandr Morhunov, Ihor Artemenko y Yevhen Sobol
Methodological principles of studying the essence of public administration bodies as subjects of
administrative procedural law
management functions, as well as a set of organizational actions and
measures, which are carried out by them within the limits determined by
the administrative and procedural law, with the aim of realizing the public
interest and reliably ensuring the rights and freedoms of a person and a
citizen.
Among the special features that characterize public administration
bodies as subjects of administrative-procedural law, it is appropriate to
include the following: a) granting a certain amount of administrative-
procedural competence necessary to realize the purpose of creation; b) the
presence of close ties with other subjects of administrative and procedural
law; c) normative-legal consolidation of the ability to be a subject of
administrative-procedural relations.
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Esta revista fue editada en formato digital y publicada
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