Axiomatics in the Administrative Law of Ukraine: the Concept of Applied Formalism in Public Administration

The article is devoted to the analysis of the axiomatic method as a modern tool for the study and improvement of administrative law. For the first time in Ukrainian administrative and legal science, an attempt has been made to present the axiomatic approach not only as an abstract methodological model, but as a practical means of logical structuring of norms, principles and procedures in the field of public administration. The authors proceed from the fact that administrative law, having its inherent instrumentality, procedurality and normative hierarchy, is a favorable environment for axiomatization. The theoretical principles of axiomatics as a method of constructing a system of knowledge on the basis of basic provisions (axioms), from which other norms, rules and procedures are logically deduced, are revealed. The possibilities of formalizing key categories of administrative law – such as power, legality, publicity, discretion, control – are analyzed, based on assumptions that can be laid down in the form of axioms. Ontological, normative and procedural axioms within the administrative legal order are distinguished.

In the applied aspect, axiomatics is used to build a model of administrative procedure, which is based on a limited number of logically consistent assumptions. It is substantiated that the axiom of proportionality of the action of a government body, the axiom of the connection of public interest with a reasoned decision, the axiom of the procedural balance of the rights of participants – can form the basis from which general rules of administrative proceedings are formally derived. The article demonstrates that axiomatization allows: to identify hidden logical contradictions in the system of norms; to form effective standards of norm-setting and procedures; to increase the transparency of law enforcement and the responsibility of the authorities. At the same time, the risks of excessive formalization are indicated, which can limit the flexibility of administrative law and ignore the social component of public administration. The conclusions substantiate a promising tool of normative engineering in administrative law - that is, the construction of an internally consistent, logically connected system of public law norms responsible for the implementation of power within the framework of law. The feasibility of its implementation at the level of pilot concepts of administrative procedures, digital regulations, legislative drafting and anti-crisis management in conditions of legal uncertainty is emphasized

axiomatic method; administrative law; public administration; administrative procedure; principles of law; formalization; normative system; logical model; public authority; legal engineering