ВОПРОСЫ ПРЕДМЕТА АДМИНИСТРАТИВНОГО ПРАВА И ПОЛИЦЕЙСКОЙ ДЕЯТЕЛЬНОСТИ: СООТНОШЕНИЕ И ВЗАИМОДЕЙСТВИЕ

[only abstract in English; full article, abstract in Lithuanian]
 The article examines Administrative Law course descriptions from 1931/1932 and 1936/1937 academic years and lectures’ notes published in 1935 and 1937. These were the only written sources on the studies of administrative law until 1939. Despite such a miserable literature on the subject of administrative law in the Interwar period in Lithuania, it has not been analysed to date. The object of the research is the studies and the content of administrative law course unit in the Interwar period in Lithuania including getting acquainted with public administration of some areas. Several findings were made in the study. First, administrative law was not given enough attention – the head of Administrative Law Department at the University of Vytautas Magnus, V. Biržiška, was a recognized and well-known book scientist, documentarian, book and press historian, dean of the Faculty, but not a specialist of administrative law. Some young scholars (V. Fridšteinas, K. Račkauskas) were professionally interested in administrative law, although somehow they were not invited to teach at the University. Second, during the course of administrative law V. Biržiška devoted much attention to the history of the formation of various states, to the comparative legal regulation in different countries. That is the reason to call his course as a first course of comparative administrative law in Lithuania. Third, the course of V. Biržiška’s administrative law was right at its initial phase of development: there were no clear terms of administrative law, administrative acts, public service, public administration, and no clear division between administrative law and other branches of public and private law.

The scientific article is devoted to the study of the legal status of subjects of administrative proceedings. The article examines scientific and legal approaches to the definition of the concept of "subject of administrative proceedings", analyzes the criteria for the classification of subjects in administrative proceedings. The legal status of subjects who are participants in administrative proceedings depends directly on its legislative definition, but the mechanisms of its implementation are related to the functional features of the subjects of judicial review of administrative cases. The establishment of the system of subjects of administrative procedural law is ensured by the corresponding systemic legal regulation in the legislation. In the science of national administrative law, there are different views on the system of subjects of administrative law and administrative proceedings. It is emphasized that the participants in the administrative process according to the instructions of the CAS of Ukraine, depending on their interest, are divided into persons who conduct the judicial process (directly the administrative court), participate in the case (parties, third parties, representatives of the parties and third parties) and other participants (witness, expert, specialist, etc.). Also, the system of subjects of administrative proceedings can be divided into individual and collective subjects. The most logical, in our opinion, is the classification of all subjects of administrative procedural legal relations into three groups: courts that administer justice; persons participating in the case; persons who assist in the administration of justice. It was concluded that in each of the listed cases, the administrative-legal status of an individual subject as a participant in administrative proceedings has its own specificity, due to the functional affiliation performed by the subject during the implementation of administrative proceedings.

Statement of the problem. The constitutional reform that took place in Russia and the actively ongoing process of constitutionalization of administrative law determine the reconciliation of traditional concepts with the Basic Law. One of these basic categories used to define the subject of administrative law is state governance. Such a correlation will help, in particular, the legislator when issuing new regulatory legal acts, and the courts when resolving administrative cases. Purpose of the study. The purpose of the work is to identify the current level of legislative consolidation of the concept of «state governance» and to determine the possibility of its use in modern constitutional and legal realities. This requires that you research the possibilities of using the concept of " state governance» in the absence of such definition in the Constitution, as well as differences from control concepts in Cybernetics, political science and Economics, and other branches of law. Methods. The study used systematic, logical, formal and legal methods. Results. According to the results of the study, conclusion was about the impossibility of distinguishing state governance as an administrative and legal category. It is also noted that it is not necessary to completely abandon the universal and traditional concept of state governance, it is important to refrain from defining the subject of administrative law with the help of this phenomenon.

The paper examines the administrative and legal provision of administrative conflict and non-conflict proceedings in comparison with the experience of Germany. It has been proven that the integration of Ukraine into the European legal space requires a full-scale reform of the legal system based on the principles and standards formed at the panEuropean level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration, as well as take into account theoretical provisions, doctrines and positive practical experience of foreign countries in the field of administrative conflict proceedings. The initiated administrative-judicial reform, the development of a regulatory framework for the regulation of administrative proceedings, should take place taking into account the EU standards of administrative justice aimed at the settlement of conflict proceedings. The implementation of the experience of European countries in conflict administrative proceedings will not only contribute to the improvement of domestic legislation but will also ensure close correspondence with the EU. The author suggests using Germany’s experience regarding legislation and proceedings in cases of administrative offenses. In the scientific literature, there are different approaches to defining the concept of proceedings in cases of administrative offenses, but in general, researchers agree on the general features of such proceedings and point out that this is a special type of procedural activity, which is regulated by the norms of administrative procedural law, which is carried out by authorized administrative jurisdictional powers of special subjects of public administration regarding consideration and resolution of cases of administrative offenses. Among researchers, there is no unity in views on the classification of administrative proceedings. This is not surprising, since there are a significant number of views on the list of principles for the classification of administrative proceedings. We adhere to the classification of conflict and non-conflict administrative proceedings. Germany’s experience has shown that effective means of administrative protection can be provided through various judicial or legal systems. In the end, it all comes down to having sufficient resources, a stable legal framework and institutions, and training. A separate system of administrative justice by itself will certainly not solve problems in the field of administrative justice. Therefore, today, the Ukrainian legislator has no other way to solve the problem, how to build its autonomous system of administrative law, taking into account both the experience of Ukrainian administrative law from the time of the Ukrainian SSR, and the achievements and mistakes of the EU countries. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, administrative law of foreign countries, administrative law of EU countries, administrative and legal support.

The process of Ukraine's integration into the European Union necessitates the harmonization of the national administrative and legal system with European standards. One of the most developed and influential models of administrative law in Europe is the French one, which combines an effective institutional structure of public administration, effective mechanisms for protecting citizens' rights and economic feasibility of regulation. Analysis of the French experience is especially important for Ukraine in the context of public administration reform, decentralization and increasing transparency of government activities. Therefore, the study of the economic and legal foundations of the Europeanization of administrative law of Ukraine through the prism of the French model is relevant both in scientific and practical terms, as it contributes to the formation of an effective, accountable and citizen-oriented public administration. The purpose of the study is to analyze the economic and legal foundations of French administrative law and determine the possibilities of their adaptation for the harmonization of the administrative and legal system of Ukraine with the standards of the European Union. The research methodology consists of comparative legal, empirical and formal-dogmatic methods, as well as induction and deduction, analysis and synthesis methods, which together provide a comprehensive and systematic study. The article analyzes the economic and legal foundations of the Europeanization of administrative law in Ukraine through the prism of the French administrative law system. In particular, a comparative analysis of the French and Ukrainian administrative law systems is carried out in order to identify European trends that shape the legal architecture of Ukrainian administrative law in the context of European integration. The authors state that although French administrative law has a tradition of over two hundred years, and Ukrainian administrative law has only begun to be institutionally formed since the 1990s, both systems tend to share common principles of the rule of law, public accountability and effective administration. It is emphasized that in France there is no formal distinction of administrative law into general and special, instead there is a substantive differentiation into institutional and functional areas - administrative police, public enterprises, healthcare, security, civil service, etc. In Ukraine, on the contrary, a clear distinction has been introduced into general, special and special administrative law, which corresponds to the structure of national legislation and the practice of its codification. It is emphasized that the French system is based on the case law of the French Council of State, while the Ukrainian one is based on codified administrative proceedings. The generalization of the results of the comparison indicates the gradual Europeanization of Ukrainian administrative law through the implementation of both regulatory and institutional principles of public administration. The French experience serves as a guideline for improving the Ukrainian administrative model, ensuring compliance with European Union standards and developing the doctrinal basis of national law.

The article analyzes judgments about the subject of administrative law, their transformation depending on the provisions of the country’s constitutions and the views of scientists on the process of public administration. The article examines modern approaches to the subject of administrative law in connection with the emergence of a constitutional definition of public authority. The author’s definitions of the administrative law general subject, administrative law as a branch of Russian law and as a science are given.

Purpose: This article examines the development of the legal competences of public officials within the Slovenian public administration who use the Administrative Consultation Platform (ACP) when conducting procedures under the General Administrative Procedure Act (GAPA). The ACP is an open-access legal clinic that serves as a supplementary source for interpreting procedural rules. To this end, a conceptual framework delineating legal competences for public officials was developed to assess how the use of the ACP affects the development of their acquired legal competences for the purposes of conducting administrative procedures. Based on this framework, a structural model was created to enable empirical testing of the impact of public officials’ affinity for the ACP and the frequency of its use on the development of their technical-legal and entrepreneurial-relational competences.Design/methodology/approach: The theoretical component employs normative, doctrinal, and comparative research methods to study legal competence models in the existing literature. The empirical component includes statistical analysis of data collected using a questionnaire measuring the technical-legal and entrepreneurial-relational competences of public officials who use the ACP, combined with an axiological-deontological evaluation of the results. Structural equation modelling was used to verify how affinity for the ACP and the frequency of its use when conducting administrative procedures affect the development of their legal competences.Findings: The empirical study conducted in spring 2025 involved 112 public officials who conducted administrative procedures in administrative bodies and used the ACP between 2023 and 2025. The results indicate that the use of the ACP contributed significantly to the development of public officials’ legal competences, particularly relational competences, such as the ability to communicate effectively and respectfully with parties involved in the administrative procedure, and entrepreneurial competences, especially the ability to uphold core ethical principles (e.g., integrity) and proactively seek solutions that balance the public interest with parties’ rights. However, they developed technical-legal competences— such as legal reasoning for resolving procedural issues, understanding of the GAPA, and data protection regulation—to a lesser, though still not negligible, degree. Academic contribution to the field: The article focuses on relatively under-explored aspects of public officials’ legal competences. The conceptual framework represents an original contribution, complementing existing research on legal competences in a narrower context, while in a broader context it can be categorised as dealing with the subjects of administrative law and public administration. The empirical study advances scientific understanding of the impact of public officials’ affinity for the ACP and the frequency of its use on the development of their legal competences, providing key feedback for ACP stakeholders.Research/practical/social implications: The conceptual framework of legal competences serves as the foundation for further scholarly examination of the legal competences possessed by public officials and functions as a baseline for the systematic upgrading of the ACP to continue fostering the development of public officials’ legal competences while they use it. From a societal perspective, this article contributes to raising awareness of the critical importance of cultivating legal competences and of the effective utilisation of the ACP as an instrument for more participatory and problem-solving-oriented administrative decision-making processes. Originality/significance/value: The article offers an original contribution by (1) establishing a conceptual framework that advances the study of legal competences among public officials who use the ACP when conducting administrative procedures, and (2) demonstrating the pivotal role of the ACP as a repository of accumulated collective knowledge, which aids public officials in developing their legal competences and facilitates the networking of stakeholders engaged in addressing administrative law challenges. The findings provide guidelines for enhancing the effectiveness of public officials and for fulfilling the objectives and principles of Good Governance in modern public administration.

The article is devoted to the analysis of the scientific heritage of the outstanding domestic scientist-lawyer, Doctor of Law, Professor, Honored Scientist of the Russian Federation Demyan Nikolaevich Bakhrakh, who would have turned 90 in 2022. The main milestones of the life path of D.N. Bakhrah are briefly described, an overview of his main works on the theory of administrative law is presented. The evolution of the scientist›s views on the content and structure of the subject of Russian administrative law has been detailed. His contribution to the doctrine of individual and collective subjects of administrative law has been analyzed. It was concluded that the structure of the content of the administrative and legal status of collective subjects of administrative law proposed by D.N. Bakhrakh has found active support in the scientific world and now has actually become a doctrine.

Purpose. In 1999 the adoption of the General Administrative Code and Administrative Procedure Code in Georgia gave basis for creation of the new administrative law, since before the entry into force of the above-mentioned codes, Georgia had no tradition of the administrative law and, hence, no practice of the administrative justice. In Georgia being part of the Soviet Union, and in the Soviet Union overall, the administrative law did not exist with the understanding that is regulated by the modern administrative law. The communist doctrine of the administrative law radically differs from the modern administrative law because in those times the administrative legislation was mainly defining the citizens’ obligations before the administration, rather than ensuring citizens’ rights and protection of their interests. Methods. Therefore, the article discusses development stages of the administrative law, the path gone through by the administrative law starting from the formulation until present time, also the Soviet heritage and its influence on the development of the administrative law is discussed, along with the influence of the European reception and establishment within the Georgian legislation, the core factors are analyzed, which caused the necessity of the creation of new administrative law. Results. The significant part in the article is devoted to the discussion of the subject of administrative law and system of administrative law on the example of the Georgian administrative law. The core elements of the implementation of public administration are discussed, the notion of the administrative body, forms of activity of the administrative body and basic principles that are characteristic to the Georgian administrative law. Conclusions. In this regard, the important place is given to particularities of the administrative proceeding and judicial process in Georgia, namely, so called “prejudicial” rule of appealing within the administrative body, suspensive effect of the administrative appeal, principles of disposition and inquisition in the administrative process, as well as the institute of the amicus curiae is discussed, as a particularity of the Georgian administrative justice.

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

It is indicated that the theory of administrative law requires a «simplified approach» (in the best sense of the word), that is, one that has clearly defined limits of application and is not based on a mechanical combination of different theoretical paradigms. The author emphasizes the need to turn to doctrinal sectoral research which, unlike general theoretical works, is considerably fewer in number yet offer more concentrated and conceptually refined approaches to the contemporary understanding of the sources of administrative law. In this regard, the article undertakes an attempt to review and systematize the principal doctrinal approaches to interpreting the concept and essence of the sources of administrative law, as well as to formulate a methodologically coherent approach to defining their content and features. A synthesis of modern sectoral approaches to addressing this issue enables the author to argue that the scholarly doctrine of the sources of administrative law in Ukraine is currently undergoing active methodological renewal. The thesis on the necessity of choosing a dominant methodological approach to understanding the sources of administrative law – one that would ensure internal logical consistency while allowing for the cautious integration of certain elements of other conceptual models – appears well-grounded. In our view, such a “non-contradictory core” should remain the formal-legal approach, complemented by a clearly delineated consideration of axiological and institutional factors, yet without substituting the sources of law themselves with other forms of social regulation or acts of law enforcement. It is emphasized that within such an approach, the sources of administrative law should be understood as the legal foundation of the activity of public administration and other subjects of administrative law – a system of officially recognized external forms of expression of administrative-legal norms that possess a normative (imperative or recommendatory) character, formalization, public state sanction, and are intended to regulate administrative legal relations. The defining features of the sources of administrative law are outlined as follows: normativity, formalization, public sanctioning (officiality), accessibility, legality, legitimacy, systemic nature and hierarchy, and self-sufficiency.

Today, it is appropriate to talk about cooperation between Ukraine and EU member states in matters that are functional for their legal systems. The first is the protection of the rights and freedoms of citizens; providing asylum to refugees from other countries; adaptation of legislation on the regulation of relations in the field of migration, both legal and illegal; fight against illegal employment; and others. It was found that the administrative law of Ukraine is developing in complex political-economic and social-legal conditions. Therefore, the use of European experience in the field of administrative and legal regulation of social relations in Ukraine should not imply mindless copying, which can negatively affect society and the state. The topic of the research should be the creation of national methodological recommendations on quality indicators of individual branches of law in accordance with the quality standards of legislation and law of the countries of the European Union. The introduction of European approaches to the regulation of social relations at the administrative and legal level in Ukraine must be balanced and adapted so that there is no negative impact on the development of society and the process of state formation. At the same time, the comparative legal study and rational use of foreign experience in the development of administrative law allows to significantly expand the so-called "legal field", enriching it with the experience of foreign countries. The current conditions for the development of administrative law in Ukraine depend on globalization, which affects all spheres of life, affecting the development of unified legal values and democratic principles of European administrative law, and the national administrative law system of individual European countries. In fact, there are two parties of subjects endowed with the corresponding rights and obligations in the field of administrative-legal relations.

In the United States, administrative law suffers from a perceived lack of legitimacy largely due to a lack of democratic accountability or what some have called a democratic deficit. These misgivings stem, in part, from a deep-seated American distrust of bureaucracy. This Article examines how the quest for legitimacy has led practitioners (and theorists) of administrative law to undertake four interrelated projects: the Accountability Project, the Rationality Project, the Transparency Project, and the Participatory Project all designed to create a substitute or shadow form of democratic legitimacy.Through an examination of these projects, I clarify how they try to address the democratic deficit, and whether they effectively do so. Specifically, this article investigates the impact of judicial review, informal rule-making, increased access to information, and public participation as efforts to meet the legitimacy challenge. Moreover, it disputes the contention that the pursuit of democratic legitimacy is less consequential for administrative law than the need for bureaucratic rationality, by illustrating that bureaucratic rationality is but one component of a larger scheme intended to serve as a functional substitute for legitimacy. At bottom, because Americans do not share the fondness for the technocratic model displayed by many other legal systems, legitimacy projects have an enduring place in American administrative law.

The transformations of the Polish legal system after 1989, in particular administrative law, were dictated by external and internal changes. The Polish legislator, in making changes in the legal order, tried to respond to the growing needs of society. In some cases, he has made use of ready-made legal solutions of foreign legal systems. In this case, we talk about government agencies that have been transplanted from the German legal system. Keywords: legal transplants, Polish government agencies, administrative law

The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.