Administrative rule: modern view on the concept and features
Journal Title: Правові новели - Year 2018, Vol 5, Issue
Abstract
In the article, on the basis of a generalized analysis of scientific and publicistic sources, the concept and characteristic features of the norms of administrative law are defined. The author, in particular, notes that they (the norms of administrative law) are the initial, primary elements of the administrative law system; are aimed at the legal regulation of those social relations that constitute the subject of administrative law (for example, those that arise in different spheres of public administration concerning the realization and maintenance of individual rights and freedoms, as well as those that arise within the internal activities of public administration bodies); the purpose of these norms is to provide conditions for the realization and protection of the rights and freedoms of the individual in the public sphere, as well as ensuring the organization and orderliness of the actions of the subjects of public administration; The overwhelming majority of the norms of administrative law are imperative, but at the same time, a significant number of administrative and legal norms have a dispositive nature, which consists in granting the right to act to the subject who is not vested with power and administrative authority of his choice; the mandatory nature of the norms of administrative law comes from the level of perception of norms by the subjects of law or their majority (psychologically mentally setting the addressees and bearers of the administrative-legal norm), while the fulfillment of norms is guaranteed by means of a system of certain means (including state-forced ones).
Authors and Affiliations
А. Ю. Кондратьєв
Keywords
Related Articles
- EP ID EP669098
- DOI -
- Views 72
- Downloads 0
The mechanism of legal regulation of budgetary and extrabudgetary financing of social security of Ukraine’s population
This article is devoted to the drafting of the definition of the concept of “the mechanism of legal regulation of budgetary and extrabudgetary financing of social security of Ukraine’s population” based on the analysis o...
Legal regulation of lands of curative purpose
The article is devoted to the consideration of legal regulation of lands of curative purpose, which are allocated to a separate category of lands with a special regime of use and protection. The article analyzes the scie...
Admissibility announcement statement in the court for consideration of criminal affairs on the crimes considered by stable organized agreements
The article is devoted to the analysis of problematic issues of the organizational and legal bases of the prosecutor’s activity while maintaining public prosecution in a court in criminal proceedings about crimes committ...
The role of banking rights for the provision of financial and economic safety
The article deals with various elements of providing financial and economic security. The problem of the settlement of banking legal relations is highlighted. Banking relationships are identified as particularly risky, a...
Features of the economic-procedural forms in the judiciary
The article deals with the study of the peculiarities of the economic-procedural form as an independent legal category, the definition is analyzed, the essence and its features in economic legal proceedings are revealed....