Review and Resolution of Administrative Cases in Automated Mode in Light of the Law “On Administrative Procedure”

Authors

DOI:

https://doi.org/10.21564/2414-990X.163.292387

Keywords:

administrative procedure, digital transformation, public services, decisions in automatic mode

Abstract

The relevance of the topic is driven by the rapid development of digital technologies and the implementation of automated systems in various aspects of life, including the administrative sphere. The aim of the article is to investigate and analyze the procedure for considering and resolving administrative cases in automatic mode according to the Law of Ukraine "On Administrative Procedure." Achieving this goal became possible through the use of a comprehensive set of scientific methods, including legislative analysis, comparative analysis of foreign experience, and legal analysis of the provisions of the law. The key provisions of the Law of Ukraine "On Administrative Procedure" related to the automatic mode of considering administrative cases have been examined. It is noted that the law requires amendments to specify the use of automation, establish legal frameworks for this method of resolving administrative cases, and provide clear legal regulation of aspects such as the legal stability of automatically adopted administrative acts, rights, and obligations of citizens in this context. It is established that defining the responsibilities of administrative bodies in providing information and clarification to individuals about the automatic mode is a crucial aspect for safeguarding citizens' rights. Emphasis is placed on the necessity for further legislative improvements to consider aspects of legal definiteness, protection of individuals' rights, and the neutrality of decisions, ensuring fairness in the resolution of administrative cases in automatic mode. Conclusions and recommendations for further improvements in legislation and the practice of handling administrative cases in automatic mode have been formulated based on the conducted research. Prospects for further research include an extended analysis of the effectiveness of implementing automated systems in the field of public administration.

Author Biography

Natalia Khliborob, Ivan Franko National University of Lviv

Ph.D. in Law,

Associate Professor of the Department of Administrative and Financial Law

 

References

Law of Ukraine No. 2073-IX "On Administrative Procedure". (February 17, 2022). Retrieved from https://zakon.rada.gov.ua/laws/show/2073-20#n433.

Law of Ukraine No. 851-IV "On Electronic Documents and Electronic Document Flow". (May 2, 2003). Retrieved from https://zakon.rada.gov.ua/laws/show/851-15#Text.

Peeters, R. (2020). The agency of algorithms: Understanding human-algorithm interaction in administrative decision-making. Information Polity, 25(4), 507-522. https://doi.org/10.3233/IP-200253.

Law of Ukraine No. 1689-IX "On Features of Providing Public (Electronic Public) Services". (July 15, 2021). Retrieved from https://zakon.rada.gov.ua/laws/show/1689-20#Text.

Khliborob, N., Boiarsky, O., & Zabolotna, H. (2023). Implementation of the principles of administrative procedure in the provision of digital public services: EU experience and Ukrainian practice. Baltic Journal of Economic Studies, 9(3), 207-213. https://doi.org/10.30525/2256-0742/2023-9-3-207-213.

Dreyer, S., & Schulz, W. (2019). The general data protection regulation and automated decision-making: Will it deliver? Retrieved from https://www.bertelsmann-stiftung.de/en/publications/publication/did/the-general-data-protection-regulation-and-automated-decision-making-will-it-deliver.

Resolution of the Cabinet of Ministers of Ukraine No. 1165 "On Approval of Procedures for Suspending the Registration of a Tax Invoice/Adjustment Calculation in the Unified Register of Tax Invoices". (December 11, 2019). Retrieved from https://zakon.rada.gov.ua/laws/show/1165-2019-%D0%BF#Text.

Results of the Business Ombudsman Council's own investigation into numerous cases of blocking tax invoices. Retrieved from https://boi.org.ua/news-post/rezultaty-vlasnogo-rozsliduvannya-rady-biznes-ombudsmena/.

Act on Amendments to the Administrative Procedures Act and Amendments to Other Acts Related thereto 634 SE. Retrieved from https://www.riigikogu.ee/tegevus/eelnoud/eelnou/21f6df90-a333-413a-a533-ebbf7e9deebe/Haldusmenetluse%20seaduse%20muutmise%20ja%20sellega%20seonduvalt%20teiste%20seaduste%20muutmise%20seadus.

Published

2023-12-28

How to Cite

Khliborob, N. (2023). Review and Resolution of Administrative Cases in Automated Mode in Light of the Law “On Administrative Procedure”. Problems of Legality, (163), 267–279. https://doi.org/10.21564/2414-990X.163.292387

Issue

Section

Articles