Author(s): Mentukh Nataliia, Shevchuk Oksana
ABSTRACT In the context of adaptation of Ukrainian legislation to EU law and elaboration of the Draft Law of Ukraine "On Administrative Procedure", it is extremely important to clarify the current scientific approaches to understanding the essence of administrative procedures and their possible classification. Based on the results of the study, the author has found that today administrative procedure law is a sub-branch of administrative law of Ukraine, and its features are as follows: 1) application in the public sphere and focus on ensuring the realisation of the public interest; 2) regulation of the procedure for law enforcement activities, which, as a rule, has a positive orientation; 3) mandatory presence of at least one public administration entity as a party to legal relations; 4) consolidation of the procedure for certain actions with a view to streamlining the activities of public administration bodies and individuals; 5) adoption of an administrative act based on the results of the procedure. The purpose of the study is to determine the essence and peculiarities of administrative procedures in the economic sphere, and also to provide proposals and recommendations for their improvement based on a systematic analysis of the provisions of administrative law theory, domestic and foreign legislation and its application practice. The object of the study is social relations arising in the field of administrative procedures. The subject of the study is administrative and procedural legal relations between public authorities and business entities. The author comes to the conclusion that it is necessary to amend the Law of Ukraine "On Administrative Procedure" to regulate the mechanism for introducing the principle of "tacit consent" into legal relations between public authorities and business entities. The introduction of the principle of tacit consent in practice should solve a number of problems in the area of issuing permits, the main ones being 1. reduction of the real time spent by business entities on obtaining permits; 2. limiting opportunities for abuse by public authorities related to delays in issuing pretrial documents established by the current legislation; 3. avoidance by business entities of unjustified termination or suspension of business activities, as well as unjustified financial expenses of business entities, in particular, lost profits due to the inability to start their business activities in a timely manner, or unjustified downtime due to the lack of a relevant permit.