Legal Nature and Characteristics of Administrative Act (in the Comparative Context of Latvia and Ukraine)

Abstract

The topicality of the topic is due to the entry into force of the Law of Ukraine "On Administrative Procedure", which establishes unified rules for making decisions by the public administration, which are generally called administrative acts. The purpose of the article is to study the nature of administrative acts by highlighting their features, which will have not only theoretical, but also practical significance. The research uses methods of legal analysis and synthesis, comparative-legal, systemic-structural. It has been established that the external orientation of an administrative act means that the administrative body addresses its prescriptions to a person who is outside the public administration and does not have a labor or official relationship with it. It was established that the administrative act is a legal act, as it is based on the prescriptions of legislative acts; on this basis, it differs from actual actions. The difference between administrative and technical acts or simple acts in the field of public law is indicated. It was determined that the decision to refuse to meet the requirements of a person is a negative administrative act. It is emphasized that an administrative act is a decision in the field of public law; the theory of interests, the theory of subordination, and the theory of subjects were used to distinguish between public and private law. The subject of the adoption of an administrative act is the body performing the functions of public administration. It is noted that the functional approach embedded in his understanding allows him to consider both subjects of delegated powers, specially created commissions, and private individuals, if the legislator has empowered them to carry out public administration. It is emphasized that the legislator determines which acts are not administrative. On the basis of the conducted research, conclusions were formulated regarding the features of administrative acts, which include the following: external orientation, legal act, sphere of public law, adopted by the body, applies to an individually determined person or persons, establishes, changes or terminates legal relations or establishes the actual state, is not one from the decisions specified in the negative part of the definition of an administrative act or the adoption of which is not covered by the law. Recommendations are given regarding the use in practice of the features of an administrative act as criteria for determining the nature of the body's decision/action.