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THE REFORM OF ADMINISTRATIVE LAW IN UKRAINE: EUROPEAN INTEGRATION ASPECT
Abstract
Ukraine's aspiration for European integration makes it necessary to bring the national legislation, including administrative, in line with European standards. Over the past two decades it has formed a significant body of legal rules based on these standards and aimed to establish various aspects of public administration. However, a positive regulatory effect on administrative practices was minimal, due to several factors, both legal and non-legal. Moreover, the main reasons of the revolutionary events in 2013-2014 were total corruption, the lack of public participation in administrative decision-making, the unavailability of judicial protection against administrative arbitrariness. This article attempts to identify the main trends of Ukrainian administrative law reform in the context of integration into the European Administrative Space. The author notified some positive moments in development of legislation and the administrative law doctrine in Ukraine. They include the perception (though still only partially) the European Administrative Space principles of good administration, and as a result, the introduction of new concepts and categories. The increased attention to the protection of the rights and interests of private persons involved in the administrative relations and procedures, the implementation of administrative rules and procedures, approved by the European practices are also the key direction of the reform. The practice of the European Court of Human Rights has already considered a relevant source of law and invoked by the courts. However, its potential has not been fully realized in the current context yet. The effective solution to the challenges facing Ukraine's public administration will be impossible without a comprehensive reassessment of the administrative law essence. The system of values, protected by it, still retains the imprint of Soviet legal thinking. Ukrainian public administration needs new legal models based on the right of everyone to good governance.
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