Administrative Law

Is the definition given below correct?

Legal an act of public administration is a legal document of a public-authority nature, which is adopted by an authorized body of public administration or its official unilaterally for the purpose of performing the functions and tasks of public administration.

• No, not true

• Yes, that's right

  What is the most common case of violation of requirements when issuing normative legal acts, which in turn leads to its defectiveness?

• double meaning of the content of the normative legal act

• there is an excess of competence of public administration bodies

The SPECIAL features of a normative legal act include... (CHOOSE TWO CORRECT ANSWERS)

• has a special form and procedure for its adoption.

• is imperative by nature of legal prescriptions.

• act as sources of administrative law.

• extend to an indefinite circle of persons.

Who cancels the normative legal acts of the Council of Ministers of the ARC?

• President of Ukraine

• decisions of heads of local state administrations

• Verkhovna Rada of Ukraine

• Cabinet of Ministers of Ukraine

    Can a subject of public administration issue a normative-legal act within the broader limits of its competences?

• No, it cannot

• Yes, it can

Answer explanation

Subjects of public administration are obliged to act only on the basis, within the limits of authority and in the manner provided by the Constitution and laws of Ukraine (Article 19 of the Constitution of Ukraine). This means that before issuing a normative legal act, it is necessary to determine whether the issues to be regulated belong to the subject matter of this body.

What legal acts are adopted collegially? (CHOOSE TWO ANSWERS)

• Decree

• Decision

• Order

Answer explanation

Orders are accepted by a single authority (by the head of the institution)

Select the GENERAL features of the regulatory act (CHOOSE TWO ANSWER OPTIONS)

• designed for multiple use

• is a by-law

• is accepted by the authorized subject of public administration within the limits of its competence

• provide for the rights and obligations of subjects in the field of public administration

  What are the requirements for "state registration and publication of a regulatory act "?

• Material requirements

• Formal requirements

Answer explanation

Regulatory and legal acts (if necessary) must undergo state registration (e.g., regulatory and legal acts issued by ministries, other executive authorities, economic management and control bodies and which affect the rights, freedoms and legitimate interests of citizens or have an interagency nature , are subject to state registration in the bodies of justice). Normative legal acts of public administration must also be published in official publications, and this is a condition for the acquisition of legal force by such acts.

According to Art. 55 of the Law of Ukraine "On Prevention of Corruption", anti-corruption examination can be :

• optional and mandatory

• no examination shall be carried out

• mandatory

• optional

What requirements does the "form of regulatory act " belong to?

• Formal requirements

• Material requirements

Answer explanation

The prescribed form of the regulatory act must be followed with all the details (reasonable structure of the act and its competent division into specific parts, sections; good presentation style, clarity, clarity of the text; absence of words and terms that allow ambiguity in the interpretation or understanding of the act; correct , competent design ; absence of other errors; presence of signatures, registration number, date of acceptance; publication on special forms that have all the prescribed attributes; clear stamps; established deadlines and responsible for implementation; control mechanism);