UPDATE OF REGULATORY AND LEGAL ACTS IN CONNECTION WITH THE ADOPTION OF THE LAW OF UKRAINE «ABOUT ADMINISTRATIVE PROCEDURE»

Abstract

The purpose of the article is to establish optimal ways of amending the existing normativelegal acts of Ukraine (mainly legislative, but also by-laws) containing separate administrativeprocedural norms, due to the recent adoption of the general Law of Ukraine «On AdministrativeProcedure», which should enter into force at the end of 2023.The methodology used in the article involves the use of scientific methods of documentary analysis,comparative jurisprudence, modeling, as well as the system method.As a result of the conducted research, general conclusions and recommendations were formulated for the subjects of norm-designing and norm-making activities regarding the significant update ofexisting legal acts with different scope of administrative procedural norms in connection with theadoption of the General Law of Ukraine «On Administrative Procedure».First of all, in the above-mentioned activity, the reduction of the number and, in general, theminimization of normative legal acts, which to a greater or lesser extent regulate the administrativeprocedure in Ukraine, are desirable. Such minimization will objectively reduce the existing risks ofconflicts of legal norms and potential legal uncertainty for numerous subjects of law enforcement,both for functionally belonging to the public administration at the central and local levels, and forprivate (natural and legal) persons – participants in administrative proceedings.Secondly, the preservation of special legal regulation in certain spheres of activity of the nationalpublic administration should not be motivated by the mere existence of legislative acts or, moreover,by established traditions of their enforcement, which in practice borders on conservatism. Theonly reason for leaving certain acts of special legislation with the content of administrativeproceduralnorms in force should be a real justification of the feasibility of enshrining certainfeatures, different from the rules of general administrative procedure.Thirdly, in justified cases of preservation of special regulatory legal acts, their provisions shouldbe coordinated not only with the principles of administrative procedure defined by the newGeneral Law, but also with its new terminology and approaches to key administrative proceduralinstitutions.