Щодо класифікації індивідуальних актів суб’єктів владних повноважень
The article considers the classification of individual acts of subjects of power based on the scientific works of administrative scientists. It is noted that the existing models of classification of individual acts do not fully meet the challenges facing the science of administrative law. It is determined that the relevance of the research topic is also explained by the introduction of martial law throughout the territory of Ukraine, which increased the ratio of public regulation of relations. The inconsistency of the formation of the conceptual and categorical apparatus is indicated, which is explained by the fact that the definition of an individual act began to be used after the adoption of the Code of Administrative Procedure of Ukraine in 2005 but gained regulatory recognition only after amendments to the Code of Administrative Procedure of Ukraine in 2017. It is noted that one of the most complete and detailed classifications of individual acts is the one proposed by V.B. Averyanov. As part of the scientific research, the dissertation work of O.O. Mandyuk, who has a thorough study in the field of administrative law, is also mentioned. The data on the normative regulation of judicial statistics of administrative courts are analyzed, and based on the classifier of categories of administrative cases, types of acts are proposed (depending on the sphere of regulation). Regarding the acts of local self-government bodies, it is noted that the latter are adopted at the discretion of the subject of power with the right to choose a possible model of behavior or to make a decision at its own discretion by this or that local self-government body. An example of judicial practice is given, which was formed at the level of the highest judicial instance of administrative jurisdiction, in particular in the case of early termination of powers and dismissal from office. It is noted that the classification of acts as null and void in accordance with the provisions of the Law of Ukraine «On Administrative Procedure» is a new addition to the classification. It is concluded that administrative scientists are often similar in their approaches to the classification of individual acts but do not fully distinguish between types of acts. In addition, frequent changes in the legislative framework and changes in the state’s functioning are the basis for constant scientific research in this area. It is indicated that scientific developments can become the basis for legislative changes, in particular to the Law of Ukraine «On Administrative Procedure», as well as for use in judicial practice.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-07-04
- Primary Topic
- Diverse Scientific and Economic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00