Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement
DOI:
https://doi.org/10.21564/2414-990X.163.294428Keywords:
administrative procedure, plan, planning act, public administration tool, normative actAbstract
The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine "On Administrative Procedure", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as "tools of public administration". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law "On Administrative Procedure". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions "plan", but when it comes to the second type, then use the term "act" - plan act, planning act.
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