Administrative legal relations with the participation of the State Bureau of Investigation

• Published in: Вісник Харківського національного університету внутрішніх справ Vol. 104; no. 1; pp. 109 - 123
• Main Authors: Komziuk, А. Т., Lypii, Ye. А.
• Format: Journal Article
• Language: English; Ukrainian
• Published: Kharkiv National University of Internal Affairs 29.03.2024
• Subjects: administrative legal relations; executive power; internal organisational relations; legal relations; public administration; state bureau of investigation; subjects
• ISSN: 1999-5717; 2617-278X
• DOI: 10.32631/v.2024.1.10

The essence, characteristics, and types of administrative legal relations involving the State Bureau of Investigations have been identified. Additionally, suggestions and recommendations for improving the legal foundations of these relations have been formulated. A comprehensive description of administrative legal relations that stand out from the broader array due to specific aspects of their emergence, participants (subjects), and content has been provided. This encompasses the nature and various types of subjective rights and obligations that manifest within these relations. It is emphasized that these relations occupy a distinct sphere of formation and evolution, specifically within the realm of public administration. Concerning the interplay between subjects of public administration and subjects of administrative legal relations, it is underscored that public administration is exclusively outwardly focused, with internal organizational relations within certain bodies not falling under its purview. On the other hand, administrative legal relations encompass internal organizational dynamics (intra-system, intra-administrative) within any state entity. These relations are recognized as a distinct component within the subject matter of administrative law. It is emphasized that the leading place among the subjects of administrative legal relations is occupied by public authorities, which, according to the law, include the State Bureau of Investigation. At the same time, these bodies have a rather different administrative and legal status, since their participation in public administration varies significantly. Attention is drawn to the problem of the existence of state bodies which are not attributed to any of the branches of power, and their number is growing, currently there are about fifteen of them, including the State Bureau of Investigation. The article concludes that the bodies outside the branches of power defined by the Constitution of Ukraine are not structurally part of these branches, although this does not mean that they do not participate in the exercise of public authority. The types of administrative legal relations which may arise in the State Bureau of Investigation have been identified and characterised. It is emphasised that these are mainly intra-organisational relations within these bodies, since their purpose is to counteract crimes committed by law enforcement officers, judges and senior civil servants, i.e. their external activities are generally not managerial and are not regulated by administrative and legal provisions.