CADETS AS A SUBJECT OF ADMINISTRATIVE AND LEGAL RELATIONS
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
The article is concerned with determining the cadets’ place in the system of subjects of administrative-legal relations and the foundation of its administrative-legal status. The great attention is paid to the cadet as an individual, so his administrative and legal status should be considered through the prism of the administrative and legal status of a citizen, bearinh in maind certain specifics connected with cadet’s belonging to the members of the National Police of Ukraine. It is mentioned in the article the signs peculiarity of the subject’s status of administrative law - the cadet’s status, in order to prove the cadets' belonging to the subjects of administrative-legal relations. Based on the analysis of theoretical and methodological scientists’ developments and current legislation, the author distinguishes legal facts, that confirm the onset of the administrative-legal relations, subject of which are сadets of higher education establishments with specific training conditions, training police officers. The researcher comes to a conclusion that the main goal of teaching cadets in higher education establishments with specific training conditions, is to satisfy their private educational interests, the realization of which is impossible without their admission into administrative-legal relations. These relations rely on the peculiarities of enrollees’ selection and training assignment, by departmental affiliation of the educational establishment, and the peculiarities of obtaining a certain educational degree in the mentioned establishments. It is proved that the cadet is an individual subject of administrative law – private person with a special status, and he is a subject of administrative-legal relations, which are endowed with a special legal personality, enshrined in the norms of administrative law, due to the satisfaction of their private educational interests. The administrative and legal status of a high school cadets’ with specific training conditions for training police officers is double and mixed: on the one hand, he acts as a police officer, on the other hand, as an individual who implements his own personal interest in relations with the state higher education establishments.
Authors and Affiliations
Marina Shulga
Keywords
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