DENYSOVA A. Theoretical-legal and organizational basis of the administrative supervision of the Executive power of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000377

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

17-05-2019

Specialized Academic Board

Д 41.884.04

Odessa State University of Internal Affairs

Essay

The executive bodies of Ukraine administrative supervision theoretical and legal and organizational foundations are characterized in the dissertation. The complex research of authorities’ administrative supervision to guarantee the administrative and supervisory activities democratic foundations to ensure law and order, prevent violations of rights and freedoms, rights and interests of legal entities modern problems is made as first in Ukrainian legal science. The executive authority’s administrative supervision problems administrative and legal study scientific novelty is due to the coverage of the latest trends in the construction of modern theoretical and normative transformations of administrative and supervisory activities, the procedural form of which is determined by European standards of proper legal procedure. The basis of the scientific knowledge of the executive bodies’ administrative supervision is the dialectic that forming the ideological perception of oversight from the position of place and role in the state building process, the dynamics of supervision relationships and new forms of surveillance and allow to compare the negative and positive characteristics relevant activities which have appropriate forms in specific life situations. It is noted that the legislator emphasizes the preventive nature of state supervision, its focus on ensuring law and order in a certain area of society's life. Along with this, the meaningful link of control and supervision as a means of securing legality is recognized, which is manifested in using these terms in the current legislation, mainly as synonymous. Based on the systematic approach, the expediency of the characteristics of the subjects of administrative supervision in three aspects has been proved: structural-functional, synergetic, and responsible. It is proposed to classify the subjects of administrative supervision not only on the basis of competence, but also by the nature of the subject of implementation. The concept of administrative supervision entity as separate organizational kind of collective entities - state executive bodies and special individual actors - officials vested with legal personality for the implementation of the administrative supervision of administrative activities as special administrative measures aimed at ensuring legality and discipline. It is proposed to systematize the subjects of administrative supervision on the basis of competence in two groups: subjects of general prevention; subjects of special prevention. The subjects of administrative supervision can also be systematized on the basis of the nature of the subject of the relevant activities: the field of public security and order; sphere of counteraction to corruption; sphere of safety of life of the population. As part of the subjects of ensuring the safety of vital functions of the population a separate subgroup of subjects of state supervision (control) in the field of economic activity is allocated. The concept of principles of administrative supervision is substantiated, which should be considered as objective interrelated rules that reflect the regularities of implementation of procedures for the implementation of the competence of administrative supervision, including - in the procedural form, concerning both the application of preventive measures and measures for legal protection in order to ensure law and order in a certain area of vital activity of the population. The general and special principles of administrative supervision are allocated. The systematization of the methods of administrative supervision activities carried out by the National Police is made. It is proposed to provide methods of policing administrative activities that include: measures of persuasion and police measures. Police actions are divided into two subgroups: preventive measures and coercive measures. Determination of the administrative procedure for supervision of state executive bodies is carried out by taking into account the subject of its initiative.

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