АДМІНІСТРАТИВНІ ДОГОВОРИ: НЕВІДОМІ ТА СУПЕРЕЧЛИВІ ПИТАННЯ УКРАЇНСЬКОГО ЗАКОНОДАВСТВА

It is indicated that changes in the approaches and principles of administrative law have affected almost all parts of this branch of law. And administrative contracts in this matter are no exception. Until recently, it was believed that the contractual instrument in legal relations is inherent mainly to private law, where the parties are equal and can negotiate accordingly, and the agreements reached are recorded in contracts. The sphere of public law, where parties are equal and contracts are traditionally concluded, is the sphere of international law and interstate relations. Subordinate administrative relations did not belong to such and were not considered as the scope of possible application of contractual instruments. The article examines important issues of the essence and characteristics of administrative contracts, the requirements that are put forward to them, which are important in the process of developing scientific positions for their proper regulatory regulation. It has been established that the following can be attributed to the signs of administrative contracts: at least one of the subjects of the conclusion of the administrative contract must be a subject of authority; the administrative contract is based on the agreement of the parties; the subject of the contract is the mutual rights and obligations of its participants in the public legal sphere; an administrative contract is concluded on the basis of the law, but there is no formal requirement for the name of the administrative contract, it can be a contract, agreement, protocol, memorandum or another name. The article also substantiates that administrative contracts can be both normative and individual in terms of legal properties. The insufficiency of regulatory regulation creates difficulties in distinguishing administrative contracts from other types. However, the main feature for distinguishing administrative contracts from other types of contracts is the nature of the legal relationship, that is, the subject of the contract itself. An administrative contract is a legal act that defines the mutual rights and obligations of its participants in the administrative-legal sphere, that is, the sphere regulated by the norms of the administrative, and not by other branches of law. It was determined that in the absence of special legislation on administrative contracts, the general requirements of private law and the requirements of administrative law regarding competence, form, content and procedure are applied to them. The requirements dictated by provisions of administrative law include the following: limited competence; written form, features of the choice of the contracting party. [ABSTRACT FROM AUTHOR]