Characteristics of Certain Types of Administrative Acts According to the Latest Legislation of Ukraine on Administrative Procedure

Abstract

The relevance of the study of types of administrative acts is determined primarily by the fact that an administrative act as the main tool of activity, recognized by the provisions of the Law of Ukraine "On Administrative Procedure", although it is accepted (performed) daily by all subjects of public administration exercising public power in the relevant spheres of public life , the forms of their external and legal expression, the cases, grounds and order of their acceptance (commitment), the matters on which they are accepted (committed), as well as their focus on the acquisition, change, termination or realization of rights and/or obligations differ, provided by the current legislation of a private person. Taking into account the arrangement and systematization of administrative acts, it seems possible only with the help of their classification. In this regard, the purpose of the article is to identify and research the types of administrative acts provided for in the legislation of Ukraine on administrative procedure, and their theoretical and legal analysis. Research methods include general and special methods of scientific knowledge, the method of system analysis, the dialectical method, formal-logical methods, structural-functional and comparative-legal methods, as well as a number of empirical methods, which ultimately made it possible to determine and analyze existing approaches to distinguishing types of administrative acts , to carry out their comparative characteristics, as well as to characterize the provisions of the legislation on administrative procedure regarding the definition of types of administrative acts. As a result of the conducted research, the classification of administrative acts was carried out according to the form of acceptance (commitment); according to the method of production (formation); by direction of content; according to the nature of the effect of administrative acts; depending on the number of persons to whom the administrative act applies; according to the quality of the execution of administrative acts, and their theoretical and legal analysis was carried out taking into account the provisions of the latest legislation on administrative procedure. It is substantiated that the potential of the classification of administrative acts is also revealed in the fact that, with its help, it seems possible to distinguish administrative acts from other instruments of activity of public authorities, in particular, regulatory acts and administrative contracts, and political decisions, official orders, etc. This proves that the classification of administrative acts is a promising direction for further scientific research. At the same time, it was noted that the principle in the aspect of research of types of administrative acts is the applied orientation of the proposed classifications and the support of each of the selected types of administrative acts with specific examples.