CONCRETIZATION OF THE PRINCIPLES OF ADMINISTRATIVE LAW AS A DIRECTION OF THE INFLUENCE OF JUDICIAL LAW ENFORCEMENT ON PUBLIC ADMINISTRATION

Abstract

PurposeThe purpose of the article is to provide specific and illustrative examples of concretization of theprinciples of administrative law in judicial application of law and determine its importance forimproving the system of public administration.MethodsThe methodological basis of the article is, in particular, the dialectical method, which made itpossible to consider the practice of judicial concretization of the principles of administrative lawin connection with the development of public administration. The dogmatic method was used indetermining the content of the concretization of law as a theoretical concept, while the formallegalmethod has become a tool for elaborating the case-law reflecting standards of understandingand application of the principles of administrative law.ResultsIt was found that, interpreting the principles of the rule of law and good governance,administrative courts have consistently adhered to and promoted among public authoritiesthe principle of superiority of the essense over the form and the inadmissibility of excessiveformalism in the activities and decisions of public authorities and administrative courts, whichprecludes absolutization of formal legal requirements. Also, significant practical value is inherentin the established in judicial practice concerning: (a) the presumption of validity of documentssubmitted by an individual with his application to the administrative body; (b) presumption ofgood faith of pubic authorities in the exercise of their powers; (c) the duty of civil servants to showsufficient attention and care in the performance of their duties and the inadmissibility of shiftingresponsibility to private persons for the mistakes and omissions of public authorities; (d) theobligation of public authorities to apply the approach that is most favorable to the individual inthe event of ambiguity or possibility of multiple interpretations; (e) the principle of binding publicauthorities with their published official non-normative clarifications and legality of actions ofnatural nad legal persons with reliance on these documents; (f) the principle of inadmissibilityof bringing a person to administrative responsibility twice for the same offense, regardless of theclassification of the relevant sanctions, provided they all lie within the plane of administrative law.ConclusionsThe author concludes that concretisation of principles of administrative law through inferringsubstantive and procedural standards of public administration from them while defining administrative practices incompatible with these standards is of vital importance for publicadministration. This ensures the functioning of the principles of administrative law not only asa value foundation for law, but also as a practical regulatory tool for and a concrete basis fordetermination of rights and duties of parties to particular administrative-legal relations.