Logvinenko A. Procedural Competence of Public Administration Bodies: Theory and Practice of Implementation

The dissertation research is aimed at determining the essence, content of the procedural competence of public administration bodies, defining its principles, as well as types of its implementation, formulating on this basis concrete proposals for improvement of the existing administrative legislation, outlining the directions of its further development. The scientific researches on the essence of the procedural competence of public administration bodies and its differentiation with related legal concepts have been systematized. The scientific approach to characterizing the essence of the procedural competence of public administration bodies is substantiated. A scientific view on the definition of public administration bodies as a system of executive bodies and local self-government bodies which are delegated powers of the executive power is supported. The concept has been formulated and the types of procedural forms of exercising competence by public administration bodies have been defined. The essence of the procedural competence of public administration bodies is characterized by taking into account the elements of the legal status of such bodies in administrative proceedings. The following elements define: the task of participating in the conduct of a particular entity; the scope of his competence, which is determined by the rules of administrative substantive law. The content of these elements in a particular administrative procedure is determined by the rules that determine its procedural form. The expediency of classifying these forms by the criterion of the tasks performed is substantiated. This criterion identifies proceedings aimed at: resolving disputes and / or bringing a person to justice (jurisdictional); management tasks (non-jurisdictional). As the administrative jurisdiction is exercised (implemented) in the procedural form, the following administrative jurisdictional proceedings are distinguished: a) proceedings before the administrative courts; b) proceedings for the application of measures of administrative coercion; c) disciplinary proceedings.