The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure Cover Image

Принцип добросовісності як принцип здійснення адміністративної процедури
The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure

Author(s): Nataliia Zadyraka
Subject(s): Public Administration, Public Law, Politics and law, Sociology of Law, Administrative Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: administrative procedure; administrative services; the principle of good faith; law enforcement; legal regulation;

Summary/Abstract: The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.

  • Issue Year: 2023
  • Issue No: 163
  • Page Range: 68-79
  • Page Count: 12
  • Language: Ukrainian