ADMINISTRATIVE FEE AS A PAYMENT FOR THE PROVISION OF ADMINISTRATIVE SERVICES: PROSPECTS OF LEGISLATIVE REGULATION

Abstract

The article is devoted to the analysis of the current state and prospects of legislative regulation of the administrative fee as a payment for the provision of administrative services in Ukraine. It’s noted that the implementation of the Laws of Ukraine «On Administrative Services» and «On Administrative Procedure» has consolidated the development of a «service -based» model of public administration focused on humancenteredness and the ensuring of private individuals’ rights. The author emphasizes that administrative services are a key element of the administrative procedure, and the payment for their provision should be established on clear, fair and unified principles. The article provides examples of legislative regulation of certain types of administrative services, which determines the procedure for charging an administrative fee. This demonstrates the fragmented nature of the legislation and the lack of unified approaches of determining the amount of payment for administrative services and the grounds for exemption from such payment. The draft Law «On Administrative Fee» (No. 4380), aimed at systematizing the norms in this area, is analyzed. The author identifies the shortcomings of this draft law, including unclear criteria for classifying administrative services, granting the Cabinet of Ministers of Ukraine the power to set the amounts of administrative fees, the absence of uniform social criteria for exemption from payment, and the risk of commercialization of the sphere of administrative services. It’s concluded that there is a need to adopt a comprehensive and consistent Law «On Administrative Fee» that would ensure legal certainty, accessibility of administrative services, their fair cost, and a balance between the interests of the state and private individuals. The article emphasizes the importance of gradually improving legislative regulation this area, taking into account the social function of administrative services, and continuing efforts toward the digitalization of public administration.