Principles of «good administration» in the sphere of state control (supervision)

Abstract

The article explores the principles of state control (supervision) that constitute the «core» of the composite principle of «good administration»: legality, legal certainty, good faith, prohibition of abuse of law, proportionality. While researching the selected principles, the analysis of domestic court practice had been conducted although it is inconsiderable due to traditional restraint of the courts in applying the principles of administrative law in reasoning their decisions. As a result, it had been established that the court practice does not contribute significantly to the development of the principles of «good administration». To determine the content of the principles studied, comparative legal and interdisciplinary approaches had been used, as well as the analysis of evolution of principles throughout the three codifications of the control and supervision legislation. Establishing the principles of control and supervision activities at the level of federal law creates conditions for changing their legal meaning solely as «ideas», «values» to be perceived as a regulator of social relations and simultaneously sets a practical task for the science of administrative law to develop both the content and methods of applying these principles.