Certain features of the implementation of the principles of administrative law in the law-enforcement activity of public administration
DOI:
https://doi.org/10.61345/1339-7915.2025.4.33Keywords:
administrative law, principles of administrative law, law-enforcement activity, public administration, legislative gaps, conflicts of norms, administrative actsAbstract
The article examines the implementation of the principles of administrative law in the law-enforcement activity of public administration, with a focus on their practical significance in situations of legal uncertainty. It is substantiated that these principles function as normative and value-based guidelines that ensure uniform interpretation of administrative-law provisions, increase the predictability of administrative decisions, and prevent arbitrariness in law enforcement. It is demonstrated that, where legislative gaps and inconsistencies exist, the principles acquire an enhanced regulatory role, as they enable administrative bodies and courts to reasonably individualize legal rules by combining the formal certainty of law with its value foundations and by ensuring a rational balance between public and private interests. Particular attention is paid to conflict-of-law principles as an instrument for overcoming normative conflicts. On the basis of doctrinal positions and judicial practice, the article clarifies the approach under which a special rule prevails over a general one (lex specialis derogat generali), and outlines criteria for distinguishing special regulation as well as for combining substantive and temporal approaches in cases of conflict. It is emphasized that the principles also define the limits of discretionary powers by shaping standards for discretion and accountability of public administration. The article concludes that further specialized research is needed on the mechanisms for the practical implementation of principles in administrative procedures and in the control of the legality of administrative decisions.
References
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Nalyvaiko, L.R., & Kliuchkovych, V.Yu. (2023). Pravozastosovna diialnist orhaniv sudovoi vlady: teoriia, metodolohiia, praktyka [Law enforcement activity of judicial authorities: Theory, methodology, practice]. Khai-Tek Press. [in Ukrainian].
Bernaziuk, Ya.O. (2022). Zastosuvannia pryntsypu lex specialis pry vyrishenni kolizii u zakonodavstvi: analiz sudovoi praktyky [Applying the lex specialis principle in resolving conflicts in legislation: Analysis of judicial practice]. Slovo Natsionalnoi shkoly suddiv Ukrainy, 1–2(38–39), 69–82. https://doi.org/10.37566/2707-6849-2022-1-2(38-39)-7 [in Ukrainian].
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