CHANGES IN THE SYSTEM OF PRINCIPLES OF ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCEEDINGS AND INTRODUCTION OF THE PRINCIPLE OF PRIORITY OF HUMAN RIGHTS IN ADMINISTRATIVE PROCEEDINGS IN UKRAINE

Abstract

The analysis was conducted to determine the existence of the principle of human rights priority in administrative proceedings. The approach of different researchers was analyzed to determine the principles of administrative law and administrative proceedings. It is determined that there is a certain number of systems of principles of administrative law and administrative proceedings. As a result of the analysis, it was found that there is no consensus among scientists regarding the principles of administrative law and administrative proceedings. In addition to the principles of administrative law, the principles of state or social governance are distinguished.

Most systems of the principles of administrative law coincide to a certain extent, but only in some of them the principle of human rights priority in administrative proceedings is highlighted. At the same time, this principle as one of the main principles of administrative law and administrative proceedings was singled out in the early 90's, after independence and the adoption of the Constitution of Ukraine. This principle is based on the general tendency of restructuring administrative law and administrative proceedings in order to change the law as a whole.

It is enshrined in the Constitution of Ukraine and indicates the replacement of the state centrist approach to the man-centrist. In order to form a unified approach to the principles of administrative law and administrative proceedings, it is proposed to introduce the principle of the priority of human rights in administrative proceedings to the system of principles of administrative law.