IСТОРИКО-ПРАВОВИЙ АСПЕКТ ДОГОВІРНОГО РЕГУЛЮВАННЯ УПРАВЛІНСЬКИХ ПРАВОВІДНОСИН

Abstract

The article analyzes the historical prerequisites and stages of formation of the Institute of Administrative Contract, discusses various approaches to the definition of public-legal contracts of domestic scientists.
The main factors of the development of contractual regulation of administrative relations were identified, including: adoption of the Constitution of Ukraine in 1996; allocation of local self-government to an independent body that has the right to independently resolve issues at the local level, to own and dispose of communal property; giving the right to the bodies of state power of Ukraine (including the executive power), its subjects and bodies of local self-government to delegate by mutual agreement to each other part of their powers; wide development of entrepreneurial activity and formation of market relations, necessity of regulatory influence on them by state bodies. Public contracts, therefore, become an important legal means of reconciling the interests of public authorities, public associations and citizens, agreeing on both private-law agreements and other ways of regulating public relations.
The problem of determining the content and scope of administrative agreements and the lack of a specific model of a regulatory act that would regulate the features, content and mechanism of concluding administrative contracts are pointed out.
The main problems with the definition of administrative contracts are highlighted.
Attention is drawn to the fact that the more scientifically correct would still be the normative definition of the term "administrative agreement", which was contained in the edition of the Code of Administrative Procedure of Ukraine valid until December 15, 2017.