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2013 Mag. E. Eur. L. 1 (2013)

handle is hein.journals/jeeul2013 and id is 1 raw text is: Magazine of East European law. - 2013. - No 1.
Melnvk Roman Sergiiovich -
doctor of legal sciences,
senior scientific member,
professor of administrative law department of
National Taras Shevchenko University of Kiev
Reformation of administrative law system as a precondition for its codification
The article is devoted to the determination of preconditions for codification of administrative law. The
author proves the idea that direction and the scope of administrative law codification can be realized only after
reformation of the system of administrative law of Ukraine. Opinion about the content of administrative law
system and also about possible directions for codification of administrative law norms is expressed.
Key words: administrative law, codification, system, subbranch of law, institution of law.
Cmammio npucwwleno 6u3navenmno nepeOyMoe KoubiKaqi aO~inicmpamuenoeo npaea. Aemopom
o6pynmoeyembcii OyMKa, ujo 6u3navennw nanpnMwKiI ma oc3y Kocue7iKazfii* aOmtinicmpamuenoeo npaea
modice dymu 30ifucneno 7uute nicwu pe/opmyeannq cucmemu aOminicmpamunoeo npaea YKpaftiu. Y cmammi
6UCJ06JO0oJoMbcn nooaou na 3Micm cucmemu aOiiinicmpamu6noeo npaea ma, 6i~noei~no, na Alodicmlui
nanp3LwKu Koc0u1iKazf n* 1opM ocmaHHboao.
Koqoai crioaa: aOcminicmpamune npaeo, KoOubiKaqliR, cucmema, nieaiy3b npaea, incmumym npaea.
Cmambii nocemuyena onpeOe7enuio npecnocb1,o7K K0ou1uPKaquu aOmunucmpamunoeo npaea. Aemopom
o6oCnoebleaemcii MblCJ7b, vmo onpeOe7enue nanpa6,eenuh u o6-ema Ko0u1uPKaqfuu aOMuHucmpamu6Hno01
npaea m iocem 6blmb ocyujecm6,eno mo,7bKo nocme peqboptupoanui cucmetbl aomunucmpamunooo npaea
YKpaunbl. B cmambe 6blcKa3bealomcnq 632a7ObI na coOepdicanue cucmetbl aOmunucmpamunooo npaea, u,
coomeemcm~enno, na 603MOdICHbl nanpaenuii K0ou1uPKaquu nopm nomcwOneeo.
Kloqe6bie crioaa: aOmunucmpamuenoe npaeo, KoOuqbuKatuR, cucmema, noOompaczb npaea,
uncmumym npaea.

Problem    statement.  The    issue  of
codification  of Administrative  Law, that is
unification of its rules, centred in the legal practice,
judicial decisions and legal acts of various legal
efficacy within individual codified acts is extremely
important and almost necessary for Ukrainian state.
This is primarily due to the large number of
normative material which in its vast majority is in
the unclassified form, which makes complicated its
study and application.
Analysis  of the   last researches  and
publications. It should be noted that the issue of
codification of Administrative Law (Legislation) is
quite actively discussed in the pages of scientific
papers from  time to time. Thus, lately the
mentioned problems in one form or another are
investigated in works of such scholars as V.B.
Averyanov, Y.P. Bytyak, I. Gritsenko, T.
Kolomoets, T. Komzyuk, A.M. Shkolyk and others.
The analysis of the works of these authors shows

that they are usually concentrated their attention on
finding answers to questions or directions of
codification of Administrative Law (legislation) or
the codification of the certain Institutions, such as
the codification of Institution of Administrative
Proceedings,   Institution  of  Administrative
Enforcement or Institution  of Administrative
Process.
Unsolved problems. It should be noted that
such approaches to solve the indicated problems, in
general, are possible and appropriate. However, at
the same time, they are somewhat limited, because
the authors avoid the formation of the concept of
codification works; do not determine the criteria on
which basis the systematization of norms of
Administrative Law has to be performed. In other
words, proposals for the creation of any Code are
formulated quite often based on common sense,
which, in our opinion, may not always be enough.

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