LEGALLY SIGNIFICANT ACTIONS AS A TOOL OF PUBLIC ADMINISTRATION: THEORETICAL AND LEGAL CHARACTERISTICS AND EXAMPLES

Abstract

Purpose. The purpose of the article is to determine the essence of legally significant actions as atool of public administration through the theoretical and legal characterization of their featuresand the analysis of examples by which certain actions can or, on the contrary, can’t be attributedto them.Methods. The research methodology consists of general and special methods of scientificknowledge, among which the main ones are comparative legal (for comparing scientific views andlegal provisions), analysis and synthesis, deduction and induction (when studying the signs of thetools of public administration and attributing to their specific types of individual actions committedby subjects of public administration), systemic-structural (the use of which is conditioned by theneed for a systematic and consistent study of the essence of legally significant actions and thepossibility of attributing certain tools of public administration to them), formal-logical (duringresearch of the content of features of administrative acts enshrined in law and the consistency ofscientific points of view with them) etc.Results. The first section of the article examines the main features of legally significant actions,established in law and proposed in scientific sources. The impracticality of attributing to themactions that do not lead to legal consequences is substantiated. An example of legally significantactions committed in the form of inactivity of public administration subjects is given.In the second section of the article, examples of the use of tools-actions of subjects of publicadministration are analyzed for a visual demonstration of the possibility of classifying certainactions of public administration as legally significant. In this context, the actions of the publicadministration on the implementation of the initiative on the purchase of private property objectsfor public needs, the voting carried out at the meetings of public administration subjects, includingthe decision on the purchase of private property objects for public needs, are considered.Conclusions. In the conclusions, the concept of legally significant actions is proposed as a formof administrative acts enshrined in the Law of Ukraine “On administrative procedure”, theexpression of which is the actions or inactions of subjects of public administration, providedat the regulatory level, which are characterized by all the features of this category of tools ofpublic administration without exception. It is emphasized that one of their features is that in certain cases, in order to achieve the result of the performance of the powers entrusted to thepublic administration, they must be applied in combination with administrative acts in the formof decisions. The most expressive examples of legally significant actions are listed. Proposals forimproving the legal regulation of administrative acts have been formulated.