Theory of the Administrative Law of Ukraine in the Context of the Law of Ukraine «on Administrative Procedure» and Martial State in Ukraine

Abstract

Purpose. The purpose of the article is to critically analyze the role, advanced provisions andshortcomings of the Law of Ukraine “On Administrative Procedure”, based on the doctrines ofadministrative law, in particular, regarding the development of the theory of administrative lawof martial law based on it.Methods. The system of methods of scientific knowledge was used when forming the generalizationsand conclusions of the article. The method of system analysis made it possible to identify the placeand role of the Law of Ukraine “On Administrative Procedure” in the system of sources of lawand public administration. Dialectical philosophical method to critically examine it. The formaldogmaticmethod provided an analysis of its provisions. The inductive purpose in combinationwith forecasting methods made it possible to determine directions for improving the theory ofadministrative law of the security and defense sector of Ukraine under martial law conditions.Results. The newest theory of administrative law of Ukraine is advanced in the EuropeanCommunity. It absorbed the best examples of the theory of administrative law of Germany, France,and some other countries. It is based on European values and is characterized by people-centeredfactors of democracy, rule of law, and patriotism in repelling the full-scale invasion of Russianterroristforces in Ukraine.Having reached perfection from the point of view of the foundations of European values, thetheory of administrative law of Ukraine did not become dogmatic. It continues to systematicallydevelop in an evolutionary way, in terms of providing support to all public sectors, spheres andbranches of public administration. It has been critically noted that in many aspects the theoryof administrative law lags behind the requirements (practice) of martial law. From Ukrainianadministrative scientists, military personnel of the security and defense forces, civil society andthe public apparatus of the state require answers to a number of important challenges regardingvolunteering, the ratio of public administration to the protection of military and state secretsand freedom of speech, ensuring discipline in the units of the security and defense forces, thepeculiarities of public administration in temporarily occupied territories, ensuring the rightsand interests of temporarily displaced persons, features of the selection of candidates for publicpositions under martial law, etc. Ukraine has all the conditions for solving these problems. Afterall, during independence, more than 15 powerful scientific schools of administrative law werecreated and are successfully functioning. The Law of Ukraine “On Administrative Procedure” did not fundamentally change the theory ofadministrative law of Ukraine. However, its norms will be stitched with a red thread in a new way,and in a more relief way, all the existing matter of administrative law.The victory of Ukraine in the war for independence is uncompromising, because the Ukrainianpeople cannot allow a repetition of the 1932/1933 famine, other types of murder, maiming andabuse of the Rashists in all of Ukraine. At the same time, the democratic international communitywill not allow this. Pouring blood, Ukrainian soldiers give it not only for the citizens of Ukraine,but for all the peoples of the EU, practically the entire democratic world, protecting them fromtotalitarianism. That is why Ukraine receives help with weapons and public finances from dozensof countries (mostly from the USA) not as a beggar’s submission, but as a nation that singlehandedlydefends the values of the entire democratic world from the rascal plague.Martial law is ensured on the basis of the theory of administrative law, accordingly, the lawmakingand law-enforcing activity of the public administration acquires a more administrativelypowerful character. That requires a new look at the theory of administrative law, which shouldreveal the principles for effectively repelling the military aggression of the Russian-terroristforces in Ukraine. The guiding principle here is that martial law should not lead to the violationof the rights and freedoms of citizens, but can only minimally limit them within the objectivelynecessary limits.Of great importance in this should be provided by the principles, and if the war drags on, thendirectly by the norms of the new Law of Ukraine “On Administrative Procedure”. Which tookits integral place in the system of main sources of administrative law. According to the intentionof the creators of the administrative reform, this Law should be included in the second bookof the conditional “Administrative Code of Ukraine” (practically a collection of laws of themain sources of administrative law), which, in addition to it, includes the Code of Ukraine onadministrative offenses (Book 1), the Code of administrative proceedings (Book 3), the totality ofthe Law of Ukraine “On the Prevention of Corruption” and the rules of ethical behavior (Book4), which are approved by subordinate regulatory legal acts of administrative bodies for varioustypes of public administration by branch.Conclusions. The theory of administrative law of Ukraine in the context of the Law of Ukraine“On Administrative Procedure” and martial law in Ukraine is based on European values and ischaracterized by people-centeredness, factors of democracy, rule of law, patriotism in repellingthe full-scale invasion of Russian-terrorist troops in Ukraine.The Law of Ukraine “On Administrative Procedure” has taken its integral place in the system ofcompilation of the main sources of administrative law. It is a conditional “Administrative Codeof Ukraine”. Its basic provisions are perfect, because the legislator in them practically legalizedthe doctrinal developments of Ukrainian scientists with the norms of the Law. However, scientistsremain indebted to the heroes of the Armed Forces of Ukraine, other security and defenseforces, volunteers, refugees, temporary migrants, because we have not yet developed a theory ofadministrative law for the period of martial law.

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