Mechanism of administrative and legal regulation as legal category and multidimensional phenomenon
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 1
Abstract
The purpose of the article. The purpose of the article is to research the mechanism of administrative and legal regulation in the functional, structural, procedural and activity aspects, ordering and systematization of it constituent elements and determining the basic principle of the functioning of this mechanism. Scientific novelty. Scientific novelty of the research consists in the fact that the author proposes the own definition of the mechanism of administrative-legal regulation. The functional signs, structural elements, procedural stages and steps of the mechanism of administrative-legal regulation are summarized and systematized, and the organizational forms of activity of public authorities within the framework of this mechanism were determined. The basic comprehensive principle of administrative-legal regulation was defined. Conclusion. The mechanism of administrative-legal regulation is a complex (system) legal means (tools), through which the regulation of social relations in the field of administrative law (public administration). Due of this mechanism, the norms of law that are aimed at protecting the law (administrative and legal protection) and which are in themselves static are realization by public authorities. Mechanism of administrative-legal regulation has four aspects: functional, structural, procedural and the one that embodies the activity. In the functional aspect, the mechanism of administrative-legal regulation is a means (system) for regulating legal relations, through which the effectiveness of such of regulation). In the structural aspect – represents the internal structure of this mechanism. In the procedural aspect, the mechanism of administrative-legal regulation reflects the stage (the main steps) of the influence of administrative law on social relations in each area of public administration. In the aspect that embodies the activity, the mechanism of administrative-legal regulation is the legal form (organizational’s sides) of activity of public authorities and persons which providing public (management) services or otherwise realizating the norms of law in various spheres of public life, as well as the activities of courts and law enforcement authorities that are authorized to apply the norms of law. The basic principle of the mechanism of administrative-legal regulation is the principle of the supremacy of the law. The principle of the supremacy of the law is the essence (the basis) of the mechanism of administrative and legal regulation, and legality – a mode in which the mechanism must function. The principle of the supremacy of the law in the mechanism of administrative-legal regulation is a cementing element, a guarantee of the work of this mechanism in accordance with the ideas of society about fairness.
Authors and Affiliations
I. M. Korostashova
Keywords
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- EP ID EP484652
- DOI 10.32886/instzak.2019.01.06
- Views 48
- Downloads 0
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