PECULIARITIES OF THE SUBJECT MATTER OF ADMINISTRATIVE PROCEDURAL LEGAL RELATIONS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
The article is focused on the comprehensive structural and functional analysis of the content of administrative and procedural legal relations; as a result the author has formulated conclusions useful for the theory of administrative and procedural legal relations in particular, and administrative procedural law in general. It has been revealed that administrative and procedural legal relations play an important role in the mechanism of legal regulation, acting as their key elements, which promote the implementation of both procedural and substantive norms. Herewith, it has been established that the issues of studying the concept, features, structural elements of administrative and procedural legal relations in the legal literature remain poorly understood. The reason for this is the high degree of complexity of issues that are considered within this topic, as well as the level of influence that the theory of administrative and procedural legal relations affects on the development of the whole science of administrative procedural law. Particularly, the issues affecting the definition of the content of administrative procedural legal relations cause certain difficulties during their research and, in general, are considered fragmentary by scholars during the general characteristics of the structural elements of administrative procedural legal relations. By analyzing the scientific works of specialists in procedural and other branches of law, the author first has revealed the content of administrative and procedural legal relations in the mechanism of administrative procedural regulation. After that, the author provides specific features of administrative procedural legal relations, which, in her opinion, directly affect the range and the characteristics of their subjects. The features of administrative and procedural legal relations include: procedural and legal form of expression; the presence of a compulsory subject – an agency of authoritative powers or its officials (subject of authoritative powers); the imperative nature of their settlement; individualized nature; dynamism; many stages; systemic character; links with material and legal relations. The author has studied theoretical and practical problems of determining the structure of administrative procedural legal relations; special attention has been paid to its system-forming element – subjects. A thorough analysis and generalization of existing opinions of scholars within the special procedural literature on the definition of the subject matter of procedural legal relations has been carried out. In particular, the author has clarified the correlation of administrative and procedural relations with other types of procedural legal relations (criminal and procedural, civil and procedural), has outlined the features of their subjective matter. It has been proved that administrative and procedural legal relations are characterized by their multi-subjective, especially if one considers administrative procedural law in the broad sense, which covers not only the legal relations related to the implementation of administrative judicial proceedings (administrative and judicial) and the consideration of administrative cases concerning administrative offenses (administrative delinquency) and aimed at its implementation, as well as other legal relations related to procedural activities in the public sphere (managing administrative process). Certain administrative and procedural legal relations arise within each type of administrative process, which are clearly outlined by legal norms and provide the recommended range of their subjects, a list of procedural rights and duties of which is provided by the legislator.
Authors and Affiliations
М. В. Джафарова
Keywords
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