Methods of interaction between the state and the public in modern Ukraine
Authors: Mykolaiets A.P. 
Published: February 2023

The article clarifies the positions of scientists regarding the definition of the concept of "method" in the administrative-legal doctrine. It is concluded that the concept of the method of interaction between the state and the public is on the border of various theories of the method in administrative law, accumulating its essential legal features and acquiring specific features in view of the specificity of its subject and object of influence. The positions of scientists also differ regarding the selection of a system of methods in administrative law and in public administration. Some scientists adhere to more generally accepted classifications, distinguishing imperative and dispositive methods, others, delving into the essence of administrative-legal relations and administration, define more specific methods, such as recommendatory or encouraging, control methods, etc.The article offers the author's vision of the definition of the concept of "method of interaction between the state and the public", under which it is proposed to understand a set of methods and techniques of practical establishment of mutual relations and mutual influence between the state and the public in the person of authorized subjects or authorized representatives, as well as implementation joint influence on the object of management, performance of public administration functions.In the future, a list of methods of interaction between the state and the public in modern Ukraine is formed. Among them, the following are highlighted: 1) imperative method (consists in establishing clear administrative and legal requirements for the behavior of interaction participants, establishing obligations to act in a specific way, defining administrative procedures, deadlines, obligations that arise for subjects in the process interactions, the violation of which entails the possibility of using the force of state coercion, prosecution); 2) dispositive method (provides interaction participants with more alternative options for choosing forms and measures of interaction, freedom to implement or not implement specific measures of interaction); 3) the recommendation method (the content of the above method is to enshrine in the current administrative legislation recommendations regarding the desired behavior of the subjects of interaction, which they may or may not apply, and the recommendation method is applied to the very activity of the subjects of interaction; 4) the incentive method (consists in enshrining in the current legislation a system of organizational and legal, material, social and other incentives, guarantees that play a stimulating role in the interaction of the state and the public, motivate for its effective and effective implementation); 5) the method of control is manifested in the implementation of various forms of public control over the activities of authorities, conducting public examinations, i.e. carrying out a systematic or on-demand inspection of the status of the subjects of authority exercising their powers, observing human rights and freedoms and taking certain measures as a result of such an inspection ; 6) the contractual method (based on the parity of the principles of interaction between the state and the public and is expressed in the application of techniques of mutual agreements regarding the implementation of joint measures, the combination of joint resources for the performance of certain functions of public administration or the solution of joint problems); 7) the method of autonomy and equality of the parties consists in the fact that in the field of interaction the legal status of representatives of both the state and the public is characterized by the presence of equivalent corresponding rights and obligations, being on the same level in the process of solving general societal problems, building statehood and directing politics, development of civil society; 8) the method of coordination is related to the method of the equality of the parties and their autonomy and consists in the fact that the activities of the subjects of interaction are carried out in agreement, they agree on the time and place of such interaction, the implementation of joint measures, the joint implementation of certain public powers; 9) conclusive method (actions of the subject of interaction, which express his will to establish certain relationships, to enter into legal relations, expressed not in the form of an oral or written proposal, but directly through behavior from which it is possible to draw conclusions about such an intention ( electronic governance)).