CONTENT OF THE CONCEPT “VECTOR OF DEVELOPMENT OF ADMINISTRATIVE LAW OF UKRAINE”

Abstract

Purpose of the article is to define the content of the concept of “development vector of administrative law of Ukraine”. Methods. For this, one should turn to general theoretical techniques. A significant role in the methodology of formulating the content of legal categories and concepts is assigned to the “classical” principles of scientific knowledge, including: comprehensiveness of research, comprehensiveness, historicism. Results. It has been established that the meaning of the concept “development vector of the administrative law of Ukraine” is based on the meaning of the category “transformational process”. It can be understood as radical changes in the nature, structure and functioning mechanisms of state power, the political system, and the administrative sphere, as well as the achievement of a qualitatively new state. It was determined that the transformation process is not an aimless movement. An important role is played by the formation of its development vector. The concept of a vector is defined as a quantity characterized by a direction. It was determined that after the restoration of Ukraine’s independence, people-centered provisions were recognized as the ideological foundations of administrative law. There has been a transformation of the administrativecommand law into a branch that normatively defines and regulates the rights and obligations of state activity in relation to interaction with civil society, is a tool for the functioning of a democratic, legal state. It was determined that the experience of implementing democratic patterns of those states that received positive results of their verification, in particular the Europeanization of the doctrine of administrative law and its normative component, is important in shaping the development vector of administrative law. It is indicated that it is worth keeping a balance between the use of positive experience and the general copying of provisions of the doctrine and practice of other states. It has been established that the development of domestic administrative practices and legislation is long-winded, researched by scientists, its division into: the times of Kyivan Rus and the Galicia-Volyn Kingdom; the Lithuanian-Polish era; the Cossack-Hetman era; the period from the end of the 19’th century until 1917; the period of the Ukrainian Republic (1917–1920); the period of Soviet occupation; the period of restoration of Ukraine’s independence. The development of the scientific component of the domestic doctrine of administrative law is continuous, continued in the works of public and church figures, scientists, and teachers. In some historical periods, it was different from state legal practice for objective reasons. The historiographical analysis of the domestic doctrine shows that during its development it was in a contextual relationship with the Western European doctrine, but not identical to it. Authentic traditions of Ukrainian administration were formed in a contextual relationship with Western European doctrine. Advanced approaches and ideas were developed at all stages of development. Magdeburg law and traditions of Lithuanian and Polish administration had an impact. The positions of domestic church figures on state power were of great importance in the development of the scientific component and in the applied development of statehood. The philosophy of Kosacks played a leading role in the formation of authentic Ukrainian traditions of administration. After the restoration of Ukraine’s independence, there is a return to authentic domestic regulations and administrative practices. Trends in the development of theory and practice in the administrative field appear around the vector. To define them, it is necessary to rely on the general foundations of the category “development trends” as “the direction of the development of some phenomenon, thought or idea, the implementation of the law according to its inherent logic of movement”. Conclusions. The vector of development of modern administrative law can be defined as the formation of a partnership between a democratic, legal state and civil society according to a human-centered ideology based on the Europeanization of doctrine and administrative norms, taking into account the authentic traditions of domestic administration.