The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure

Authors

DOI:

https://doi.org/10.21564/2414-990X.163.291191

Keywords:

administrative procedure, administrative services, the principle of good faith, law enforcement, legal regulation

Abstract

The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.

Author Biography

Nataliia Zadyraka, Educational and Scientific Institute of Law Taras Shevchenko National University of Kyiv

Doctor of Law, Professor,

Professor of Administrative Law and Procedure Department

 

References

Kachurovsky, V.V. (2019). Personal non-property rights in the system of intellectual property rights. Ph.D. Thesis. Kyiv: Scientific Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine.

Kozhevnikova, V.A. (2019). Scientific and theoretical foundations for limiting the rights of subjects of family relations. Doctoral Thesis. Kyiv: Research Institute of Private Law and Entrepreneurship named after Academician F. G. Burchak of the National Academy of Legal Sciences of Ukraine. Ternopil: Ternopil National Economic University.

Primak, V.D. (2008). Guilt and good faith in civil law (theory, legislation, judicial practice). Kyiv: Yurinkom Inter.

Baranchik, P.A. (2012). Principles of administrative law. Ph.D. Thesis. Zaporozhye: Zaporozhye National University.

Sharaya, A.A. (2020). Principles of administrative procedural law: issues of theory and practice. Doctoral Thesis. Zaporozhye: Zaporozhye National University.

Chernilevsky, D.V. (2010). Methodology of scientific activity. D.V. Chernilevsky (Ed.). Vinnitsa: Publishing house AMSKP.

Kolesnikov, O.V. (2011). Fundamentals of scientific research. Kyiv: Center for Educational Literature.

Konverskogo, A.E. (Ed). (2010). Fundamentals of methodology and organization of scientific research. Kyiv: Center for Educational Literature.

Sharaya, A.A. (2019). Implementation of the principles of administrative procedural law. South Ukrainian Legal Journal, 4, 169-174. https://doi.org/10.32850/sulj.2019.4.3.38.

Halaburda, N., Leheza, Ye., Chalavan, V., Yefimov, V., & Yefimova, I. (2021). Compliance with the principle of the rule of the law in guarantees ensuring legality of providing public services in Ukraine. Journal of Law аnd Political Sciences, 29(4), 100-121.

Timoshchuk, V.P. (2010). Administrative acts: procedure for adoption and termination. Kyiv: Konus-U.

Krivoruchko, I.V. (2016). Classification of the principles of administrative procedure and its application by the science of public administration. Scientific Bulletin of the Academy of Municipal Administration. Series: Management, 1, 64-74.

Lutsik, A.M. (2015). Administrative procedures in the field of taxation in Ukraine. Ph.D. Thesis. Kharkov: Kharkiv National University of Internal Affairs.

Glebko, O.V. (2015). The principle of the rule of law and its influence on the principles of judicial proceedings in cases of administrative offenses. Comparative and Analytical Law, 5, 173-176.

Petrishin, A.V. (Ed.). (2017). The great Ukrainian legal encyclopedia. (Vols. 1-20). Vol. 3: General theory of law/editorial committee. Kharkiv: Pravo.

Zadyraka, N., Leheza, Ye., Bykovskyi, M., Zheliezniak, Ye., & Leheza, Yu. (2023). Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning. Journal Cita Hokum, 1(11), 1-12. Retrieved from https://journal.uinjkt.ac.id/index.php/citahukum/article/view/31784.

Leheza, Y.O., & Volkova, Y.A. (2022). Applicability of procedural reflection of court in settlement disputes (analysis of the practice of ECHR). Legal Position, 22, 117-120.

Matviichuk, A., Shcherbak, V., Sirko, V., & Malieieva, H. (2022). Human principles of law as universal normative framework: Principios humanos del derecho como marco normativo universal. Cuestiones Políticas, 40(75), 221-231. https://doi.org/10.46398/cuestpol.14.

Savchina, M.V. (Еd.). (2015). Public administration, human rights and democracy: regional cross-section of European integration. Uzhgorod: UzhNU Publishing House "Goverla".

Published

2023-12-28

How to Cite

Zadyraka, N. (2023). The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure. Problems of Legality, (163), 68–79. https://doi.org/10.21564/2414-990X.163.291191

Issue

Section

Articles