THE RIGHT TO GOOD ADMINISTRATION AS A CONSTITUTIONAL RIGHT OF THE PERSON: EU EXPERIENCE

Abstract

Introduction. The research of domestic lawyers in the field of good governance is largely focused on the organization of the public power apparatus, while the "human dimension" mostly remains outside the boundaries of scientific discourse, which does not correspond to the challenges facing Ukraine in the context of European integration of work. In general, reforms in the field of public administration should receive a clearer humanistic orientation, for which it is necessary to translate them into the plane of the legal status of a person. One of the important tasks on this path is the adoption into the national legal system of the right to proper administration, enshrined in the Charter of Fundamental Rights of the EU. Such a reception requires a proper doctrinal basis. The purpose of this article is to determine the right of legal nature to proper administration, its content and scope, its place in the system of fundamental rights of a person, as well as its relationship with the concepts of appropriate management and proper administration.

Summary of the main results of the study. The functioning of the administration (first of all, the executive power and its subsystems, as well as local self-government bodies) is fundamental for determining the quality of the democratic system as a whole. In general, we can say that the quality of administrative functioning is achieved by proper administrative practice (which includes the observance of fundamental rights) or, conversely, by the presence of improper management.

Proper administration developed in administrative-legal theory and practice within the framework of the general concept of proper administration, which includes effective and democratic power with the simultaneous implementation of public interests and guaranteed rights of the parties to defense in administrative cases. The principle of proper administration arose in the case law of the EU Court and the Court of First Instance and is based on the existence of the Union, which governs the rule of law and puts forward criteria for the quality of the functioning of the official apparatus.

For the first time at the regulatory and legal level, the right to proper administration was enshrined in Article 41 of the Charter of Fundamental Rights of the EU. This document is innovative as per the list of rights that are fixed in it. The adoption of the Charter can be seen as a decisive step in the codification of the right to proper administration of EU constitutional law. This right applies not only to EU citizens, but to any person who contacts the relevant institutions.

There is no clear definition of the principle of proper administration in EU legislation. This concept has been repeatedly used by both the Court of First Instance and the ECJ, but the case law still does not have a clear form. Under these conditions, the specific content of the right to proper administration is largely determined by the precedent practice of EU courts. At the same time, the content and scope of the right to proper administration under Article 41 of the CSCE is significantly different from what is covered by the concept of proper administration.

Conclusions. The concept of proper administration is derived from the concept of proper management and is its continuation in the procedural aspects of the activities of public authorities, especially those exercising executive and administrative powers. The right to proper administration is based on the concept of proper administration and represents the integration of this concept into the foundations of a person's legal status. In the most general plan, the right to proper administration can be understood as a metanorm, which, on the one hand, recognizes a person's subjective right to be properly administered, and on the other hand, requires those in power to respect human rights and fulfill the relevant requirements under time of conducting public affairs. Ordinary citizens are not passive recipients of decisions and actions by the government, but instead have claims to be governed in a certain way that promotes the realization of human rights.

The Charter of Fundamental Rights of the EU became the first constitutional-legal document in the world, which officially recognized and established the right to proper administration as an integral element of the foundations of a person's legal status. However, the drafters of the Charter approached the normative consolidation of this right very pragmatically: Article 41 included only those substantive elements of this right that are procedural in nature and can be protected by applying to jurisdictional bodies. The content and scope of the right to proper administration is constantly clarified and specified by the precedent practice of EU judicial institutions and has a tendency to expand.

The powers provided for in Article 41 of the Charter of Fundamental Rights of the EU apply only to EU subjects, but member states also recognize and ensure the right to proper administration at the level of national legislation. Ukraine, as a candidate state for EU membership, although it does not use the term "proper administration" in its national legal system, it is already trying to implement the corresponding concept in administrative legislation. At the same time, the issue of official recognition of the right to proper administration in Ukraine as one of the main political rights of Ukrainian citizens remains unresolved.