PROCEDURAL LEGAL RELATIONS IN THE STRUCTURE OF ADMINISTRATIVE LAW

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PROCEDURAL LEGAL RELATIONS IN THE STRUCTURE OF ADMINISTRATIVE LAW

Journal Title: Адміністративне право і процес - Year 2018, Vol 2, Issue

Abstract

In the article, based on the analysis of constitutional requirements that determine the emergence of certain legal norms, it has been stated that modern Ukrainian administrative law can be considered as an industry that must necessarily include the rules on: 1) the power of subjects of public administration; 2) the procedure for the exercise of these powers; 3) the methods and procedure for protecting the rights of individuals from violations caused by the illegal activities of these entities. It has been noted that the majority of the rules constituting administrative law, are aimed at consolidating the powers of public administration entities and defining the order of their implementation in “non-conflict” relations with private individuals. At the same time, the model of “behavior” of the subject of public administration can be determined only through the simultaneous reference to the rules on its powers and the order of their implementation. The rules of both types are inseparable from each other. They establish a single way of implementing the powers of administration, and therefore they are material. Procedural rules of administrative law provide for the resolution of conflicts that arise between private individuals and public administration entities. Such rules are heterogeneous, marked by features, determined by the purpose of their application, and cannot be grouped into one unit. They are represented in several components of the administrative law system. Thus, the procedural rules of an administrative appeal are concentrated in the institute of administrative procedure; the rules by which a public official is brought to disciplinary responsibility are placed at the institute of public service; procedural rules for bringing to administrative responsibility are collected in the institute of administrative responsibility. It is noted that relations regulated by procedural norms form a small part of those social ties that form the subject of administrative law. Since the conflict cannot be the main form of communication between private individuals and public administration entities. The latter, through the exercise of their powers, should assist individuals in enforcing their rights or exercising their duties, while preventing the collision of private and public interests.

Authors and Affiliations

Надiя Борисiвна Писаренко

Keywords

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EP ID EP668648
DOI -
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