Problems of applying the Good Governance principles in the Administrative Law of Ukraine
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 6
Abstract
At the present stage of development of Ukraine, it is important to take into account the basic ideas and principles on which the activity in the field of law in accordance with international standards should be based. This is especially true for the development and improvement of administrative law, where public administration is concerned. The article examines the principles of good governance and the problems of their application in practice in the field of administrative law of Ukraine. The purpose of the article is to study the principles of good governance in the historical context, to analyze the basic principles of good governance and their characteristics, to identify the advantages and disadvantages of applying these principles in administrative law of Ukraine. The scientific novelty is to carry out a systematic analysis of the administrative law-enforcement practice of applying the basic principles of good governance. The options for effective implementation of such principles in legal reality and ways to eliminate deficiencies and fill gaps are outlined. Conclusions. Good governance principles should be systematically implemented. This means that only their joint action can lead to an improvement and increase of public administration activity. Implementation of the principles of good governance would be appropriate at four basic levels: theoretical, normative and legal, informational and «legal conscious». First, scientific doctrine is important in that although it is composed of subjective opinions of scientists and legal practitioners, it is possible to systematize the knowledge in the field of public administration in the best possible way, in particular as regards the possible application of the guidelines. Secondly, the normative and legal level is conditioned by the need of legislative fixing good governance principles, which will discipline public authorities from violations by imposed sanctions. Thirdly, there is a need to inform public authorities, especially civil servants, about the implementation of good governance principles, the disclosure of their essence, the mechanism of their application in practice. And fourth, legal consciousness is an important factor in helping to solve problems in the field of public administration. The essence lies in the subjective understanding of such principles and in relation to each of us, not just to public authorities. It is important that this understanding is fully consistent with the original purpose and objectives of good governance.
Authors and Affiliations
A. V. Kovtun
Keywords
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- EP ID EP675004
- DOI 10.32886/instzak.2019.06.05
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