COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF REGULATORY AUTHORITIES’ ACTIVITY IN UKRAINE AND EUROPEAN COUNTRIES AND THE PROCEDURE FOR APPEALING THEIR DECISIONS

Abstract

The article provides a comprehensive comparative legal analysis of the legal regulation of the activities of controlling bodies in Ukraine and European countries, as well as the procedure for appealing decisions taken by them. The legal nature of controlling bodies as subjects of public authority powers is revealed, the features of their implementation of discretionary powers are analyzed, and key differences between national and European control models are determined. Particular attention is paid to administrative and judicial mechanisms for appealing decisions of controlling bodies, the role of the practice of the European Court of Human Rights and specialized appellate institutions in EU countries. European models are characterized by clear procedural regulation, limitation of discretion by the principle of proportionality and the presence of effective mechanisms for administrative and judicial appeal. Based on the analysis, conclusions were formulated on the areas of improving the legal regulation of the activities of regulatory authorities in Ukraine, taking into account European standards of good governance and effective protection of the rights of individuals. Legal regulation of the activities of regulatory authorities in Ukraine requires unification and a transition from a punitive to a service-oriented model that meets EU standards. The system of appealing decisions of regulatory authorities in European countries is mainly based on the principle of mandatory pre-trial (administrative) appeal, which serves as a filter for the judicial system. In Ukraine, it is advisable to consider the introduction of a mandatory administrative procedure for certain categories of disputes. To increase the efficiency of complaint review, it is worth considering the implementation of the European experience of creating quasijudicial bodies (commissions, tribunals) or the institution of mandatory mediation (as in France), which will ensure the independence of the review and relieve administrative courts. Judicial control over decisions of supervisory bodies should take into account the balance between checking legality and interference with the body’s discretionary powers.