On the subject of administrative law
Journal Title: Адміністративне право і процес - Year 2016, Vol 1, Issue
Abstract
The article deals with several issues related to the subject of administrative law. Arguments in favor of existence expediency in a science of an “object of administra- tive law” category have been suggested. Through this particular legal category ques- tions regarding the following are solved: — the definition of public relations regulat- ed by administrative law; — separation of administrative law from other branches of law; — specification of limits of its legal regulation, thus separating it from other branches of public law. Determining of content of administrative law promotes un- derstanding of a main purpose of this area of law. The author has analyzed the so- cial relations governed by administrative law. It has been proved that such social re- lations appear as legal ones and as an authorized persons activity. The scientists’ viewpoint on the subject of separation from administrative law relations arising re- garding administrative proceedings has been supported. It would reduce the substan- tial burden on such a large sphere of law as administrative law, and contribute to the development of administrative and procedural law as a separate branch of law, that has its own subject and method of legal regulation. The author has presented addi- tional arguments for the necessity of establishing criminal offenses institution. Cases on administrative offenses in European Court of Human Rights, including those re- viewed by the Court, substantially relate to criminal matters. Independent interpreta- tion of the proceedings of an administrative offense as “criminal” has been made in a number of the Court rulings, for example, in cases “Hurepka versus Ukraine” or “Nadtochyi versus Ukraine”. Taking all the aforementioned into account, it is evident that in case of the adoption of the law on criminal offenses, legal relations arising in the trial of these offenses will not refer to the subject of administrative law.
Authors and Affiliations
I. V. Boyko
Keywords
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