In this scholarly article, the authors have defined the place of the administrative process in the system of the legal one. The administrative process is determined in different scholarly papers in different ways. Scientific arguments are most often based on the substance and the distinctive features of the activities of the particular government entity. All contradictions regarding the substance and structure of the legal process, as well as the substance and structure of the administrative one are based on a methodological error that makes it possible to prove the existence of broad and narrow concepts of understanding that institution.

Objections have been raised as to the separation of an independent branch of law, i. e. administrative process as judicial consideration of public law disputes that belong to the terms of reference of administrative courts.

It has been determined that the adoption of the Code of Administrative Procedure of Ukraine will introduce another element of chaos to the understanding of the essence and system of the administrative process. So, the administrative process includes such types of activity as registering, licensing, permitting, enforcement of court decisions, etc. Of course, the process of bringing persons to administrative responsibility, preventive and preclusive actions are also part of its system.

Accordingly, taking into account the above, we can speak about the systemic and structured nature of the legal process in general and the administrative process in particular. The administrative process aimed at resolving individual administrative cases is characterized by phasing and organizational orientation, which is carried out by both judicial and non-judicial bodies.

The structured nature of the administrative process depends on what underlies the horizontal division of the types of administrative proceedings.

It has been proved that the law of administrative procedure is an independent branch of law, whose substance is a set of administrative procedural and procedure-oriented rules governing the cyclicality, sequence, time limits, procedure for registration of actions and decisions of public administration and courts within administrative cases, as well as procedural status of those bodies, their officials, natural persons and legal entities that are participants in administrative cases.

Bibliography

Authored books

1. Harlov Carol, Rawlings Richard, Process and Procedure in EU Administration (Oxford and Portland, Oregon 2014) (in English).

2. Komziuk A, Bevzenko V, Melnyk R, Administratyvnyi protses Ukrainy: navchalnyi posibnyk (Pretsedent 2007) (in Ukrainian).

3. Kuzmenko O, Kurs administratyvnoho protsesu: navchalnyi posibnyk (Iurinkom Inter 2013) (in Ukrainian).

4. Kuzmenko O, Teoretychni zasady administratyvnoho protsesu (Atika 2005) (in Ukrainian).

5. Mykolenko O, Teoriia administratyvnoho protsedurnoho prava (Burun Knyha 2010) (in Ukrainian).

6. Tymoshchuk V, Administratyvna protsedura ta administratyvni posluhy. Zarubizhnyi dosvid i propozytsii dlia Ukrainy (Fakt 2003) (in Ukrainian).

Edited books

7. Kopieichykov V (red), Zahalna teoriia derzhavy i prava (Iurinkom 1997) (in Ukrainian).

 8. Kurs administratyvnoho prava Ukrainy: pidruchnyk (Kuzmenko O red, 3-tie vyd, Yurinkom Inter 2018) (in Ukrainian).

Journal articles

9. Chemodurova A, ‘Pravove rehuliuvannia ta yoho efektyvnist u suchasnomu sviti’ (2000) 4 Teoriia derzhavy i prava 262–7 (in Ukrainian).

10. Tarakhovych T, ‘Efektyvnist pravovoho rehuliuvannia’ (2004) 26 Naukovi zapysky. Seriia “Iurydychni nauky” 82–4 (in Ukrainian).

11. Zelencov A, Kononov P, Stahov A, ‘Administrativnyj process kak vid juridicheskogo processa: sovremennye problemy ponimanija i normativno-pravovoj reglamentacii’ [2018] 9 (4) Vestnik SPbGU. Pravo 501–21 (in Russian).

Theses

12. Jakovenko O, ‘Pravovaja procedura’ (avtoref dis kand jurid nauk, 1999) (in Russian).

Websites

13. ‘Poniattia pravovoho rehuliuvannia yak dii prava na suspilni vidnosyny’ (28.09.2010) <https://ru.osvita.ua/vnz/reports/law/10125> (accessed: 05.12.2021) (in Ukrainian).