THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE
The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
How to Cite
public construction law, state administration, General Administrative Law, Special Administrative Law, economy, construction, administrative body, administrative act, Construction Code, administrative procedure, administrative discretion, land management
On Measures to Implement the Concept of Administrative Reform in Ukraine: Decree of the President of Ukraine. Official Bulletin of Ukraine. 1999. No. 21. Page 32. Article 943.
Constitution of Ukraine dated June 28, 1996. Information of the Verkhovna Rada of Ukraine. 1996. No. 30. Article 141.
Melnyk, R. S., & Bevzenko, V. M. (2014) General Administrative Law: Textbook. Acc. to general edition of R.S. Melnyk. Kyiv: Vaite.
Melnyk, R. S. (2010) Administrative Law System of Ukraine: Monograph. Kharkiv: Publishing House of Kharkiv National University of Internal Affairs, 398 p.
Bevzenko, V. (2022) Public Construction Law of Ukraine: Textbook. Kyiv: PH “Dakor”.
Hrytsenko, I. S., Melnyk, R. S., Pukhtetska, A. A. et al. (2015). General Administrative Law: Textbook / Acc. to general edition of I. S. Hrytsenko. Kyiv: Yurinkom Inter, 568 p.
Maurer / Waldhoff Allgemeines Verwaltungsrecht. 20., überarbeitete und källteite Auflage. 2020. XLI, C. H. BECK. Munich. 872 S.
Michael Brenner Öffentliches Baurecht. Mit dem Recht der Raumordnung. 5., völlig neu bearbeitetee Auflage. C. F. Müller. 2020.
Maurer H. Algemeines Verwaltungsrecht. Verlag C.H. Beck, Munich, 2011.
Edith Zeller, Roman Kuibida, Roman Melnyk Report: “Discretion of Administrative Bodies and Judicial Control over its Implementation”.
Baugesetzbuch. Available at: https://www.gesetze-im-internet.de/bbaug/__1.html
On Administrative Procedure: Law of Ukraine dated February 17, 2022 No. 2073-IX. Official Bulletin of Ukraine. 2022. No. 49. Page 13. Article 2675.
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