The article analyzes one of the new and most complex categories of the Law of Ukraine “On Administrative Procedure”: other subjects performing the functions of public administration as one of the types of administrative bodies.

The purpose of the article is to find out the reasons for granting power to other subjects outside the state executive power and local self-government and to outline the range of potential subjects that perform or may perform the functions of public administration.

The pan-European standards and doctrinal approaches of leading researchers of administrativeorganizational and administrative-procedural law from different parts of the European continent regarding the purposes of granting power to various entities outside the executive power are highlighted. It is also noted that any list of other entities that perform the functions of public administration does not pretend to be exhaustive and can only serve as a guideline, given the constant legislative changes in the system, functions and competences of various entities endowed with power.

In the opinion of the author, the assignment to other subjects performing the functions of public administration should be based on the legal analysis of the material norms of special legislative acts, which provide powers to certain subjects of law. At the same time, the provision of such powers must have an exclusively legislative basis, while the contractual provision must also initially be provided for in the law.

The author also comes to the conclusion that the decision of the legislative body to authorize a certain entity (especially from the private sector) to perform the functions of public administration should be properly justified, in particular, by achieving a higher level of impartiality, professionalism and efficiency in the adoption of relevant administrative acts. After such authorization, the principles and norms of the Law of Ukraine “On Administrative Procedure” will apply to each such entity, and its activities related to the adoption of administrative acts will be subject to inspection by authorized administrative bodies and control by administrative courts.

Bibliography

Authored books

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2. Osborne D, Gaebler T, Reinventing government: How the Entrepreneurial Spirit is Transforming the Public Sector (Penguin Publishing Group 1993).

Edited and translated books

3. Djerdja D, ‘Administrative Law in Croatia’ Administrative Law in the Balkans: Case Studies of Comparative Administrative Law in Albania, Bulgaria, Croatia, Serbia and Slovenia (Roberto Scarciglia ed, Cedam 2012) 77.

4. Kodeks postępowania administracyjnego. Komentarz (H Knysiak-Sudyki red nauk, 2 Wydanie, Wolters Kluwer 2019).

5. Methasani C E, ‘Administrative Law in Albania’, Administrative Law in the Balkans Case Studies of Comparative Administrative Law in Albania, Bulgaria, Croatia, Serbia and Slovenia (Roberto Scarciglia ed, Cedam 2012) 30.

6. Naukovo-praktychnyi komentar do Zakonu Ukrayiny “Pro administratyvnu protseduru” (V P Tymoshchuk red, EU4PAR 2023).

7. Shmidt-Assman E, Zahalne administratyvne pravo yak ideya vrehuliuvannia: osnovni zasady systematyky administratyvnoho prava (per, K.I.S. 2009).

Conference paper

8. Shkolyk A, ‘Administratyvnyi orhan yak nova kliuchova katehoriia zakonodavstva Ukrainy’, Problemy derzhavotvorennia i zakhystu prav liudyny v Ukraini: materialy KhXKh zvitnoi naukovo-praktychnoi konferentsii (Lviv 2024) 538–541.