THEORETICAL BACKGROUND OF ADMINISTRATIVE AND LEGAL STUDIES OF THE PRINCIPLES OF LOCAL SELF-GOVERNMENT OF UKRAINE

Abstract

The author summarized that, starting from the 2010s, the issue of the principles of administrative law began to be thoroughly covered in the branch educational literature. However, research in this direction cannot be recognized as a trend in the science of administrative law of Ukraine. At the current stage, the development of Ukrainian administrative axiology "from below" takes place – that is, axiological issues of individual institutions of administrative law attract the attention of researchers, they not only publish scientific articles on these issues, but also devote monographic studies to them. The purpose of the article is to analyze the existing theoretical basis for conducting administrative and legal studies of the principles of local self-government in Ukraine. The author analyzes the works of modern Ukrainian scientists – specialists in administrative law and gives examples of other developments and creative searches in which researchers: a) pay attention specifically to the axiology of this or that institute in the field of administrative law; b) analyze the principles of functioning of individual public authorities; c) examine the principles related to the protection of the rights of individuals – subjects of administrative law. The author demonstrates that currently in the science of administrative law of Ukraine there is a close connection between the principles of administrative law and the principles of constitutional law (including quotations from the works of those scientists who single out the principles of constitutional law as one of the groups within the principles of administrative law). The falsity of such an approach is argued and it is proposed to consider that, since the Constitution of Ukraine of 1996 is a source not only of constitutional, but also of other branches of Ukrainian law, the principles contained in its text are unlikely to be considered purely principles of the field of constitutional law. It was considered that there is an important area that often comes in handy when distinguishing the principles of administrative and constitutional law – this is public administration. Thus, the constitutional law of Ukraine in general and the constitutional law of Ukraine in particular do not examine in detail the problems of the principles of state administration. At the same time, this issue is part of the subject of the science of administrative law, as evidenced by Ukrainian legal literature.