EXTRA-JUDICIAL OVERSIGHT OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF ENTREPRENEURSHIP: EUROPEAN STANDARDS AND PROSPECTS FOR THEIR IMPLEMENTATION IN UKRAINE

Abstract

The scientific article is devoted to the study of European standards of extra-judicial oversight of public administration entities in the field of entrepreneurship and to the determination of prospects for their implementation in Ukraine. It is noted that the effectiveness of extra-judicial oversight mechanisms directly affects the level of protection of the rights of business entities, the investment attractiveness of the state, the quality of administrative services, and the overall business climate. In this regard, a comprehensive study of European standards of extra-judicial oversight of public administration entities in the field of entrepreneurship is of particular importance, as well as the identification of possibilities for their implementation into the national legal system and the development of proposals for improving Ukrainian administrative legislation in accordance with the requirements of the European legal framework. The study establishes that European standards of extra-judicial oversight of public administration entities in the field of entrepreneurship constitute a comprehensive system of organizational and institutional, procedural, and substantive legal requirements aimed at ensuring the legality, transparency, accountability, and effectiveness of public administration bodies. Their normative basis is formed by the legal acts of the European Union, the Council of Europe, the case law of the Court of Justice of the European Union, and the European Court of Human Rights. It is determined that the key standards for the functioning of extra-judicial oversight mechanisms include the principles of legality, legal certainty, proportionality, good administration, transparency, accountability, and the protection of legitimate expectations, as well as the right to be heard, the right of access to information, and the right to effective administrative appeal. It is proved that European standards of extra-judicial oversight constitute an integral element of the contemporary model of good governance and service-oriented public administration. Their implementation ensures a proper balance between the public interests of the state in regulating entrepreneurial activity and the private interests of business entities, providing additional guarantees for the protection of their rights and legitimate interests. Particular importance for the development of these standards is attached to the case law of the European Court of Human Rights, which has established approaches to the application of the principles of proportionality, protection of legitimate expectations, and due administrative procedure in relations between the state and business entities.