The Issue of Administrative Procedure in The Field of Land Relations

Abstract

This study analyzes the legal and regulatory acts governing the administrative procedure in the field of land relations. It has been established that the Law of Ukraine «On Administrative Procedure» introduced new approaches to the interaction between government authorities and individuals or legal entities. It has been examined that the law ensures and guarantees: the right of an individual to participate in the consideration of a case in the event of a potential adverse decision against them; a focus on achieving a positive outcome, even if resolving the case takes longer; maximum balance in public administration decisions; unification of approaches and simplification of legislation. It has been noted that in the field of land relations, a significant number of administrative cases are considered, and the procedure for their review, as defined in the Land Code of Ukraine and other legislative acts in the area of land relations, differs in several aspects from the general procedure established by the Law of Ukraine «On Administrative Procedure». Therefore, there is a need to establish provisions for aligning these norms by eliminating conflicts between the rules governing these procedures. The problem of the studied issue lies in the imperfection of administrative procedures aimed at protecting the interests and human rights, and effectively preventing corruption risks, excessive burden on the administrative apparatus of the state, the formation of unnecessary bureaucratic complications that make it impossible, under certain conditions, to avoid violations of individual rights. In contrast, the implementation of more transparent, precise, and fair procedures will foster the development of land relations and bring them closer to European standards of proper administration. Legal conflicts between the analyzed regulatory acts have been identified, and solutions for their resolution have been proposed. It has been concluded that the examined provision has certain shortcomings, which may be regarded as disregarding European standards of proper administration. Its content does not fully align with principles such as transparency, equality of parties, legal certainty, and respect for individual rights. To achieve compliance with European standards, there is a need for further improvement of the regulatory framework and harmonization of administrative procedures across various legislative acts by amending this provision and aligning it with the general principles of proper administration.