The article focuses on the problematization of the subject matter of administrative law as a phenomenon of the essence at each development and establishment stage of this branch of public law.

The purpose of the article is to highlight the fact that heated discussions currently underway with regard to the subject matter of administrative law and its components can and should find their logical outcome. Legal scholars should agree on what should be considered the subject matter of administrative law and should eventually determine which social relations make it up. This, in contrast to the exact sciences, is possible and appropriate.

The author establishes that currently within the administrative law framework it is increasingly important to attempt at having an impartial objective view on its subject matter. This is a phenomenon characterized by theoretical, methodological and systemforming significance. This is not an exaggeration, since the subject matter which is intended to answer the question “what is studied by this branch?” actually points to the list, awareness and understanding of the component parts – social relations regulated by the provisions of this branch of law. The author emphasizes that the subject matter answers the question “what is studied by?” administrative law, not “what was studied by?” (a retrospective view) or “what will be studied by?” (a prospective view).

It is noted that, unfortunately, the science of administrative law often does not function proactively, but rather post factum, with an attempt to analyze what has already become a legally binding decision of entities vested with public power. This approach does not appear to be optimal. And, as it is noted in the article, this is true not only with regard to the exercise of power of the State (in the broad sense) in certain areas of public life, but also with regard to the development of administrative law as a science and a curriculum subject. If this area is reformed without a prior involvement of experts and without a wide public discussion, the results of such a reform will be inevitably questioned.

The author pays particular attention to singling out the characteristic features of the subject matter of administrative law, which include: a homogeneous nature of relevant social relations (otherwise these social relations are regulated by several branches of law); a qualitative difference between social relations making up the subject matter of administrative law; the need to take into account the Concept of administrative law reform in Ukraine, within which the scientific views on the subject matter of administrative law have been considerably updated; avoidance of the exclusive “administration” nature of public relations comprising the subject matter of administrative law. The author has formulated his own standpoint regarding expansion or narrowing of the subject matter of administrative law.

The author believes that expansion of the subject matter of administrative law should not become an end in itself or an uncontrolled process where the social relations comprising it will eventually become something difficult to be classified based on certain common features and characteristics. At the same time, a dispersion of the subject matter of administrative law by singling out legal entities which further claim to have an independent status should not be subjective but should be based on solid grounds and be in demand by legal science and law application practice.

Bibliography

Authored books

1. Kurinnyi Ye, Predmet i ob’iekt administratyvnoho prava Ukrainy [Subject Matter and Object of Administrative Law of Ukraine] (Lira ltd 2004) (in Ukrainian).

2. Stetsenko S, Administratyvne pravo Ukrainy [Administrative Law of Ukraine] (Atika 2011) (in Ukrainian).

Edited books

3. Aver’ianov V (holova red kol), Administratyvne pravo Ukrainy. Akademichnyi kurs [Administrative Law of Ukraine. Academic Course], t 1 (Iurydychna dumka 2004) (in Ukrainian). 4. Aver’ianov V, Vybrani naukovi pratsi [Selected Scientific Works] (Shemshuchenko Yu red, In-t derzhavy i prava im V M Koretskoho NAN Ukrainy 2011) (in Ukrainian).

5. Bandurka O (zah red), Administratyvne pravo Ukrainy. Zahalna chastyna. Akademichnyi kurs [Administrative Law of Ukraine. Common Part. Academic Course] (Zolota mylia 2011) (in Ukrainian).

6. Bytiak Yu (ker avt kol), Administratyvne pravo: pidruchnyk [Administrative Law: Textbook] (Pravo 2010) (in Ukrainian).

7. Elystratov A, ‘Osnovnye nachala admynystratyvnoho prava’ [‘Fundamental Principles of Administrative Law’] v Shemshuchenko Yu (holova redkol), Antolohiia ukrainskoi yurydychnoi dumky [Anthology of Ukrainian Legal Thought], t 5 (Iurydychna knyha 2003) (in Russian).

8. Holosnichenko I, ‘Optymizatsiia predmeta administratyvnoho prava’ [‘Optimization of the Subject Matter of Administrative Law’] v Dzhuzha O ta Dziuba V ta Stetsenko S (red), Administratyvne pravo i protses: shliakhy vdoskonalennia zakonodavstva i praktyky: naukovo-praktychna konferentsiia [Administrative Law and Process: Ways to Improve Legislation and Practice: Scientific and Practical Conference] (Kyiv nats un-t vnutr sprav 2006) (in Ukrainian).

9. Kolomoets T, ‘Predmet admynystratyvnoho prava: k voprosu poyska novoho formata v sovremennoi ukraynskoi admynystratyvno-pravovoi nauke’ [‘Subject Matter of Administrative Law: More about Searching for a New Format in the Modern Ukrainian Administrative Law Science’] v Admynystratyvnoe pravo: razvytye teoretycheskykh osnov y modernyzatsyia zakonodatelstva [Administrative Law: Development of Theoretical Foundations and Modernization of Legislation] (Voronezhskyi hosud un-t 2013) (in Russian).

10. Mykolenko O, ‘Nastupnytstvo v nautsi administratyvnoho prava’ [‘Continuity in the Science of Administrative Law’] v Pysarenko N (vidp red), Pytannia administratyvnoho prava [Administrative Law Issues], kn 1 (Pravo 2017) (in Ukrainian).

11. Pysarenko N, ‘Protsesualni pravovi vidnosyny u strukturi predmeta administratyvnoho prava’ [‘Procedural Legal Relations Within the Structure of the Subject Matter of Administrative Law’] v Pysarenko N (vidp za vyp), Pytannia administratyvnoho prava [Administrative Law Issues], kn 2 (Oberih 2018) (in Ukrainian).

Journal articles

12. Kolomoiets T, ‘Administratyvno-protsesualne pravo – samostiina haluz natsionalnoho prava (v aspekti poshuku novoi modeli predmetu administratyvnoho prava Ukrainy’ [‘Law of Administrative Procedure – a Standalone Branch of National Law (in Terms of Searching for a New Model of the Subject Matter of Administrative Law of Ukraine’] (2016) 1 Publichne pravo 26 (in Ukrainian).

13. Kurinnyi Ye, ‘Ob’iekt ta predmet ukrainskoho administratyvnoho prava: zmistovna ta aksiolohichna sutnist katehorii’ [‘The Object and Subject Matter of Ukrainian Administrative Law: the Substantial and Axiological Essence of Categories’] (2016) 1 Publichne pravo 43 (in Ukrainian).

14. Melnyk R, ‘Predmet administratyvnoho prava’ [‘Subject Matter of Administrative Law’] (2018) 3 Pravo Ukrainy 159-82 (in Ukrainian).

15. Pietkov S, ‘Predmet administratyvnoho prava – konstanta v protsesi transformatsii suspilno-politychnykh vidnosyn’ [‘Subject Matter of Administrative Law – a Constant in the Process of Social and Political Relations Transformation’] (2006) 1 Publichne pravo 37 (in Ukrainian).

16. Rabinovych P, ‘Filosofiia prava: deiaki “vichnozeleni” naukoznavchi siuzhety’ [‘Philosophy of Law: Some “Evergreen” Science-Related Subjects’’] (2011) 8 Pravo Ukrainy 13-20 (in Ukrainian).

17. Stetsenko S, ‘Suchasnyi pohliad na predmet administratyvnoho prava’ [‘A Modern View on the Subject Matter of Administrative Law’] (2016) 1 Publichne pravo 24 (in Ukrainian).

18. Shchavinskyi V, ‘Derzhava yak pozyvach u administratyvnomu protsesi: sutnist ta vidpovidnist pryrodi administratyvnoi yustytsii’ [‘The State as Plaintiff in the Administrative Process: the Essence and Compliance with the Nature of Administrative Justice’] (2015) 4 Publichne pravo 104 (in Ukrainian).

Newspaper articles

19. Selivanov A, ‘Spravedlyvist vlady’ [‘Power Justice’] (Holos Ukrainy, Kyiv, № 243, 2016) 6 (in Ukrainian).

Conference papers

20. ‘Predmet administratyvnoho prava ta yoho vzaiemozv’iazok z predmetom pravovoho rehuliuvannia inshykh haluzei vitchyznianoho prava’ [‘Subject Matter of Administrative Law and Its Relation to the Subject Matter of Legal Regulation in Other Branches of National Law’] <https://www.youtube.com/watch?v=gOafpKKCE6Y> (accessed: 21.04.2019) (in Ukrainian).