Administrative Procedure in the Field of Public Health
DOI:
https://doi.org/10.21564/2414-990X.163.292605Keywords:
administrative proceedings, administrative act, public health systemAbstract
The relevance of the proposed study is due to the parallel significant update of medical legislation and the entry into force of the Law of Ukraine "On Administrative Procedure". The purpose of the proposed research is to assess the quality of legal regulation of certain administrative proceedings in the field of public health, which has undergone significant changes in the last months of 2023. The results of the study, on the one hand, will help to identify shortcomings and legal conflicts that have formed, and on the other hand, to develop and suggest ways to overcome some of them. The research methodology consists of the following methods of scientific cognition: dialectical, theoretical-prognostic, comparative-legal, system-structural, formal-logical, analysis, legal modeling, and others. In the course of the work, the importance of proper legal regulation and effective public administration in the field of public health is emphasized. The place of administrative bodies in the system has been establishedsubjects of relations in the field of public health. A classification of measures used by specialized administrative bodies in their activities has been proposed. The significance of administrative proceedings and administrative acts used in the process of public administration of public health is disclosed and the most significant among them are highlighted: control and supervision, on the application of termination measures, registration. The essence of each of these proceedings has been investigated and the shortcomings of their regulation have been identified, due to the inconsistency of the norms of the Laws of Ukraine "On the Public Health System" and "On the Administrative Procedure". Significant shortcomings in the legal regulation of administrative proceedings on the application of temporary measures to stop violations of the requirements of sanitary legislation are noted and possible problems in its application are indicated. Attention is also focused on the shortcomings of the terminology used in the Law "On the Public Health System". The results of the study can contribute to the improvement of legislation in the field of public health, as well as to improve the quality of formation law enforcement practice of administrative bodies that are subjects of the public health system.
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