Piliai A. Genesis and the Modern State of the Administrative Function of the State

The dissertation contains a comprehensive study of the administrative and legal function of the modern state. The historical development of the administrative state from police to public service has been carried out. Periodization of the administrative (managerial) function of the state was carried out with the division into the following periods: the period of existence of the police type of public administration in the Russian Empire (until 1917); the period of existence of the administrative-type public administration in the Soviet Union (from 1917 to 1991); transformation type of interaction between citizens and the state in independent Ukraine (1991 to 2013); a modern period (since 2013), characterized by the introduction of a system of management and provision of administrative services on the principle of new public management. The key elements of the transition from commandadministrative to public-service type of governance are identified. The necessity of legislative consolidation of the concept of «discretionary powers» is established, according to which discretionary powers are a way of exercising public power, which allows the subject of power to choose in a particular situation between alternatives, each of which is legitimate without the need to agree on a choice in any form actions with other entities, as well as determining the mechanism for exercising such powers in specific situations. The foreign experience of introducing a public-service model of governance in developed countries has analyzed that the public-service state is expressed in the existence of a service-provider state, whose main task is to ensure the wellbeing of citizens, under this model of management, the name «new public management». It is necessary to amend the legislation on administrative services to provide the definition of electronic administrative services and determine the procedure for their provision. It is also proposed to introduce in the Law of Ukraine «On Administrative Services», which prescribe the possibility of creating a remote workplace or territorial unit by a territorial community by decision of a local government body, with the subsequent subordination of such a remote workplace or territorial unit to the most appropriate service center. The necessity of adopting a single administrative procedural law to ensure more efficient provision of administrative services is substantiated.