APPEAL TO THE PUBLIC ADMINISTRATION
Journal Title: Зовнішня торгівля: економіка, фінанси, право - Year 2016, Vol 6, Issue 89
Abstract
Background. In modern conditions of democratization of state and society in Ukraine, the subject of regulation of administrative law covers public relations of not only state power, but also public-service direction. Therefore, the study of problems related to the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration, is currently relevant. Analysis of recent researches and publications. At the beginning of the XXI century the situation in this sphere is changing in the direction of increasing attention of scientists to the accumulation of theoretical knowledge about the legal field through a synthesis of the empirical material. Administrative legal relations of the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration, legal assessment in movement is currently not investigated, therefore the importance of this issue is relevant. The purpose of the article is the study of functional legal point of view of administrative-legal relations of the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration. Materials and methods. The methodological basis of research is the system of methods of scientific cognition as a general scientific (dialectic, formal logical, analysis and synthesis, modeling) and special (historical, legal, functional and legal, etc.). The results of the study. The comprehensive analysis of the interrelation of legal and administrative relations with the corresponding administrative-legal norms and legal facts is conducted in the article within the mechanism of administrative-legal regulation of realization of the right to appeal to the public administration from a functional point of view. The attention is focused on the fact that the origin of the respective administrative-legal relations from the corresponding administrative-legal norms is a convincing evidence of the following: functioning of the first in the investigated mechanism directly depends on the actions of the last, where such links are the logical continuation at the level of practical work of this mechanism. It is pointed out that the boundaries of the hypothetical development of administrative-legal relations in the plane of this mechanism determine the offsetting administrative-legal norms, and launch them into action through indicated public relations, legal facts. The assertion is substantiated that the juridical consequences that cause specific legal facts in reality regarding with the administrative-legal relations of the reviewed mechanism are the defining determinant of the further functioning of the latter. Conclusion. From the dynamic point of view, between the characterized legal phenomena in the framework of the mechanism of administrative-legal regulation of the realization of the right to appeal to the public administration is viewed the following cause-functional line of communications: administrative-legal norms – legally significant social situation – the juridical fact (appeal to the public administration) – administrative-legal relations. Each of the components of this chain is a prerequisite for the legal interaction between these elements. It’s proposed a number of other actual theoretical generalizations on the issues of the under reviewed problematic.
Authors and Affiliations
Nina KAMENSKAYA
Keywords
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