Features are realization of principles of transparency in administrative rulemaking of Ukraine

Authors

  • Oleksandr Avramenko SCIENTIFIC INSTITUTE OF PUBLIC AND SPACE LAW

DOI:

https://doi.org/10.35774/app2020.01.044

Keywords:

administrative rule-making, openness, public opinion, transparency, court decision, verbenas of administrative process

Abstract

In the article judicial essence of principle of transparency opens up in the administrative rulemaking of Ukraine. Her basic elements are characterized, in particular openness of activity of administrative courts at administering law; an awareness of population is about practice; forming of public opinion is in relation to an administrative process.

Transparency of rule-making, being a component political legal determination of this social phenomenon, at the same time has the differences, related to separated and specific of functioning of department judicial in Ukraine and, in particular, administrative rule-making. The special coloring this question acquires because public legal though fall under judicial control after legality in state administration, him a the most important aim is stimulation of observance of rights and freedoms of citizens, legal interests of legal entities in relations and others like that. In addition, principle of transparency of administrative process is judicial principle, and that is why observance of all legislative norms, first, to Code of the administrative rule making of Ukraine, is implicit basis of existence of the democratic state and valuable defense of citizens from the wrong acts of organs of public government bodies.

Reasonably, that after physical access of all interested persons and in general public to the hall of the judicial meeting, where administrative business obeys, the necessity of realization of interests of foregoing citizens, that becomes possible only at verbal співдії of participants of trial inter se and by a court during realization of justice appears. Transparency of rulemaking is indissolubly related exactly to verbenas of judicial trial that creates the guarantees of objective, complete, all-round research of business and her just consideration and envisages the openness of perception

It is expedient to sum up in an eventual result, that transparency of administrative process will be realized in valuable democratic, legal principle of modern Ukraine only after judicial inhibition: to a openness of activity of administrative courts of Ukraine at consideration of administrative businesses; verbenas of administrative process; obligatory technical fixing of every judicial meeting; to awareness’s of population about practice and accepted court decisions on administrative businesses; proper terms are for forming of public opinion in relation to every judicial.

References

Zakonodavstvo Ukrainy. Ofitsiinyi veb-portal Verkhovnoi Rady Ukrainy [Legislation of Ukraine. Official web-portal of Verkhovna Rada of Ukraine]. Retrieved from https://www.rada.gov.ua/news/zak [in Ukrainian].

Perelik dokumentiv mizhnarodnykh orhanizatsii, proektiv mizhnarodnoi tekhnichnoi dopomohy u sferi sudochynstva [A list of documents of international organizations, projects of international technical help is in the field of rulemaking]. Retrieved from https://vkksu.gov.ua/ua [in Ukrainian].

Kondratenko, V.M., Kaply, O.M. (2011). Mistse pryntsypiv hlasnosti ta vidkrytosti v sudovomu administratyvnomu protsesi za pidhotovchoho ta pysmovoho provadzhen [A place of principles of publicity and openness is in an administrative trial at preparatory and writing realizations]. Mytna sprava. – Custom business. 6, 201–205 [in Ukrainian].

Kondratenko, V.M. (2012). Realizatsiia pryntsypu vidkrytosti v administratyvnomu sudochynstvi Ukrainy [Realization of principle of openness is in the administrative rulemaking of Ukraine] Pidpryiemnytstvo, hospodarstvo i pravo – Enterprise, economy and right. 2, 69–72 [in Ukrainian].

Published

2020-04-26

Issue

Section

CONSTITUTIONAL LAW. ADMINISTRATIVE LAW AND PROCESS. FINANCE LAW. INFORMATION LAW. INTERNATIONAL LAW

How to Cite

Avramenko, Oleksandr. “Features Are Realization of Principles of Transparency in Administrative Rulemaking of Ukraine”. Actual Problems of Law, vol. 1, no. 1, Apr. 2020, pp. 44-47, https://doi.org/10.35774/app2020.01.044.

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