Administrative procedure through the prism of the Constitution of Ukraine and EU legislation

The aspiration of Ukraine to integrate into the European legal space requires the reform of its legal system, taking into account the standards and principles that have been formed at the pan-European level. The present article conducts an analysis of the compliance of the Law of Ukraine “On Administrative Procedure” with constitutional principles and European standards. It is noted that the constitutional obligation of the State to affirm and ensure human rights and freedoms, the constitutional prohibition on restrictions on a number of rights and freedoms during martial law, and Ukraine’s acquisition of the status of a candidate for accession to the European Union demonstrate the importance of ensuring the functioning of “good administration”. The right of every person to good administration is enshrined in the Charter of Fundamental Rights of the European Union, the principles of good governance are enshrined in the United Nations Development Programme (UNDP) “Governance for Sustainable Development”, and the importance of their observance is emphasized in the decisions of the European Court of Human Rights (ECtHR). It is established that the principles of administrative procedure enshrined in the Law of Ukraine “On Administrative Procedure” are directly derived from the provisions of the Constitution of Ukraine and the documents of the European Union. It is summarized that, firstly, the content of the principle of legal certainty needs to be specified; secondly, it is advisable to develop a mechanism for administrative authorities to take into account in practice the conclusions of the Supreme Court when they apply a legal act containing the legal norms set out in the rulings of the Supreme Court and to specify liability in case of their non-application; thirdly, it is advisable to extend the principle of equality before the law to public associations which do not have the status of a legal entity; fourthly, it is necessary to investigate the need to supplement the list of principles of administrative procedure with the principle of confidentiality (or personal data protection); fifthly, the relevant provisions of the Law of Ukraine “On Administrative Procedure” and the current Code of Ukraine on Administrative Offenses regarding the interaction of these acts need to be specified.