The dissertation is focused on the comprehensive research of legal forms of
public administration in Ukraine.
The main features of public administration as a sphere of legal objectification
have been characterized. The scope and content of the concept of “public
administration” as a legal category have been defined.
The author has analyzed the existing conceptual approaches in the study of
legal forms of public administration and has pointed out their main shortcomings.
The legal form has been considered as a complex category of legal science,
which acquires integrative qualities at the sectoral level, which are revealed
through the prism of its axiological, ontological and epistemological aspects of
being.
The methodology of research of legal forms of public administration has been
presented by two blocks: theoretical and methodological, which should determine
the guidelines and tasks of the research, and instrumental, which should reflect
specific methods of their solution.
It has been found out that the logical and legal construction of the legal
form of public administration is represented by the elements that reflect its
essential features and are in stable relationship, where the absence of one of
the components makes impossible the regulatory influence of the will of the
public administration subject and the ability to create legal consequences. Such
elements of theoretical construction of the legal form of public administration
are: legal force, scope of action, legal content, form of fixation, legal
consequences and legal procedure.
The legal form of public administration has been defined as an objectification
of the expression of will of the authorized person to perform the functions of public
administration, structured in accordance with the established legal procedure in
administrative law, which causes legal consequences in material and procedural
relations. These consequences arise in accordance with the scope, legal force and
legal content of the authoritative enactment, determined by the competence of the
subject of expression of will and the stage of the mechanism of administrative and
legal regulation.
It has been proved that the concept of “legal form of public administration”
occupies one of the central places in the theory of administrative law and is
related by logical connections with such basic categories as “functions of public
administration”, “methods of public administration”, “functions of administrative
law”, “methods of administrative law”, “subjects of public administration”.
It has been substantiated that the scope of the concept of “legal form of public
administration” includes all manifestations of public administration activity that
cause direct legal consequences in public relations, which is the subject matter of
administrative and legal regulation, and combines: regulatory acts, individual acts,
administrative agreements, acts-actions, administrative procedures, management
programs, automatic legal consequences, acts-plans, acts-expression of will.
The identified empirical set of legal forms of public administration has been
organized by using the classification method; and the author has offered to
divide them into classes and subclasses within the natural and artificial types of
classification.
Specific features of interaction of material and procedural legal forms of public
administration have been established. In particular, the author has emphasized that
the legal procedure plays the role of internal form as an element of the structure of
the material legal form of public administration.
