Advanced Space Law (Jun 2022)
“Policy” and “Administration” in the Context of Regulating Ukraine’s Space Activities
Abstract
Updating the state policy of Ukraine in the field of space exploration and use of outer space and optimizing the administration of the space sector is an urgent task concerning the existing disparity between the possibilities and practical application of space potential in Ukraine. Taking into account the specifics of space activities, the specifics of international and national regulation of its implementation, it is relevant to study the concept of “policy – administration” in the context of regulating space activities in Ukraine. Providing such an opportunity is based on the combined use of methodological tools of scientific activity, combining general theoretical and special legal methodology of conducting scientific research. Thus, the dialectical method became the basis for revealing the philosophical foundations of the content and essence of the categories “politicy” and “administration,” and the formally logical method made it possible to search for their common and distinctive features. As a result, we conclude that there is no clear correlation between the terms “politicy” and “administration” in the context f domestic scientific thought and normative doctrine. Methods of comparison, analysis and synthesis provided an opportunity to find out the characteristic features of the domestic concept of “policy – administration” in the context of regulating the space activities of Ukraine. In particular, the necessity of normative rejection of domestic political and administrative subjects from Soviet approaches to the settlement of space relations, the transition to the concept of “Public Administration” with the understanding that although administration and politics are different spheres, they cannot be completely separated. In turn, with the assistance of the formal legal method, as well as methods of system analysis and generalization, it is concluded that public policy should be perceived as a tool for ensuring the legitimacy of actions, decisions and inaction of public administration and a guarantee of transparency and clarity of the established rules and conditions for the study and use of outer space. At the same time, public administration should ensure the existence of a legal regime for the implementation of space activities and the effectiveness, expediency and effectiveness of its existence.
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