İNZİBATİ AKTLARIN HÜQUQİ AKTLAR SİSTEMİNDƏ YERİ VƏ ONLARIN QƏBUL EDİLMƏSİ QAYDASI

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İNZİBATİ AKTLARIN HÜQUQİ AKTLAR SİSTEMİNDƏ YERİ VƏ ONLARIN QƏBUL EDİLMƏSİ QAYDASI

Journal Title: Scientific Work - Year 2024, Vol 18, Issue 4

Abstract

Abstract It is important to determine the designation of administrative acts, which are considered the main forms of state administration, in the system of legal acts. This can be clarified based on the legal effect created by legal acts. The article examines narrow and broad approaches to the concept and essence of the administrative act. During the research, it is known that the concept of administrative act in the Law of the Republic of Azerbaijan "On Administrative Proceedings" is accepted in a narrow sense. Thus, in the Law, it is understood that administrative acts actually include individual administrative acts. In addition, the concepts of administrative acts, normative acts, and administrative contracts are distinguished. On the other hand, the aspects that distinguish non-normative legal acts from administrative acts are highlighted in the article. Taking into account the experience of different countries, effective terminological proposals are put forward to the national legislation. Also, its elements, especially the elements of authority and form, play an important role in the adoption of an administrative act. From this point of view, the essence of the elements competence and form is explained and their importance is noted. The formal requirements of the administrative act in the Article 57 of the Law of the Republic of Azerbaijan "On Administrative Proceedings" are comparatively analyzed and mentioned the legislative experience of advanced countries.

Authors and Affiliations

Eynəddin Həbibov

Keywords

EP ID EP748649
DOI 10.36719/2663-4619/101/199-205
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