LEGAL REGULATION OF ADMINISTRATIVE AND PROCEDURAL ACTIVITIES OF PUBLIC AUTHORITIES AND OTHER PUBLIC LEGAL ENTITIES

Abstract

Introduction. The presented study is devoted to the analysis of the main problems of the development of the institution of administrative procedures in public administration and the justification of the need to adopt the relevant Federal Law "On Administrative Procedures in the Russian Federation". The article substantiates the conclusions about the need to further develop the legislation on administrative procedures in our country within the framework of the provisions of the Model Law "On Administrative Procedures" adopted by the Interparliamentary Assembly of the CIS Member States and recommended for use in national legislation. Methods. The study is based on the application of basic methods of administrative and legal science: formal legal, sociological, systems analysis, legal forecasting and content analysis. General scientific methods of systematization, classification, analysis and synthesis were used to identify common approaches and key differences in modern approaches to assessing administrative and legal regulation in the field of positive public administration and to expand the practice of applying various positive administrative procedures in the segment of regulation of legal relations under consideration. Results. It has been proven that in our country the formation of a unified system of public power has not yet been completed. The multidirectional processes of decentralization of the linear administrative state through the creation of hybrid (quasi-state and supranational) structures, increasing the powers of existing non-state structures, virtualization of the sphere of public administration, the use of machine intelligence and other digital technologies will inevitably lead to the emergence of a fundamentally new architecture of public power in our country. The new architecture of public power, based on the principles of democratization, de-bureaucratization, decentralization and deconcentration, is increasingly acquiring the features of a network structure and requires the formation of a system of administrative and legal regulation adequate to modern challenges in the field of public administration. Discussion. Based on the analysis of topical problems of the formation and development in our country of administrative and procedural regulation in the field of positive public administration, practical recommendations were proposed for the adoption of the Federal Law "On Administrative Procedures." The developed provisions can serve as the basis for creating a domestic system of administrative procedures in the field of public administration as legal means of protecting the rights and freedoms of citizens from excessive administrative discretion and administrative arbitrariness, as well as ensuring a balance of public and private interests in the field of public administration.