THE PRINCIPLE OF FAILURE (NON-WARNING) IN THE SYSTEM OF PRINCIPLES OF ADMINISTRATIVE PROCEDURE

Abstract

The purpose of the article is to implement the characteristics of the principle of impartiality (impartiality) in the system of principles of administrative procedure. The author emphasizes that the implementation of administrative procedures must meet the requirements of serviceability and “people-centric” approaches to building relations between the state and society. The author presents a number of views on determining the structure of the system of principles of administrative procedure. The author has defined a generally accepted approach to understanding the structure of the principles of administrative procedure, which are systematically divided into general (or general legal) and special (or specifically legal). The general (common law) principles of administrative procedure include the principles of the rule of law, legality, equality and publicity. Special (special legal) principles include the principle of efficiency, which provides for compliance with the requirements of efficiency and informality of approaches to regulating public-administrative relations, the principle of proportionality, the principle of impartiality (impartiality), the principle of accountability and control, the principle of comprehensiveness and universality of approaches to regulating relations for the implementation of administrative procedures. It has been determined that in the system of principles of administrative procedures, the application of the principle of impartiality (impartiality) contributes to the emergence of a conflict of interest, which is associated with the prevention of participation in the resolution of an administrative case by officials who have a personal interest in its settlement. It is concluded that the principle of impartiality (impartiality) is the basis for good governance. It is noted that the implementation of standards of impartiality (impartiality) has a positive impact on compliance with the quality of provision of administrative services by representatives of the public service.