Public formalities: the essence, value

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Public formalities: the essence, value

Journal Title: Правова позиція - Year 2016, Vol 2, Issue

Abstract

The article is devoted to research of public law phenomenon “formality”, “public formalities”. The essence, the basic function and importance of public formalities in the mechanism of legal regulation of public administration are shown. Specifies the basic features of the category “public formality” administrative law in Ukraine are detailed.Signs of public formalities should be considered systematically in the unity of the main aspects: 1) evaluative – it is being symbolized something stable, common, normalized to the cultural and social level; 2) information – the content of actions and facts in norm, which means symbol; 3) instrumental – function in the mechanism of legal regulation plays a particular legal fact that as a symbol. Using of legal formalities – is reception of standardization (typing) of such activities, the nature of which has a special purpose: 1) symbolizes factual structure and procedural safeguards to protect the rights and interests through certain legal mechanisms; 2) means the fact of a mandatory subject of expression, which is a substitute statements about performance/failure (depending on the subject of interaction) of faсtual composition of conditions; 3) has the sense loading about substitute of assumptions concerning the conditions and prerequisites before action with identification the conditions. Appropriate actions are being performing under conditions positive or negative responses, meaning a return to the previous initial formalities – her expectations or continuing to promote actions in implementing the duties, rights, interest. Where abroad goes between the spheres of public and private law is secondary issue; most importantly, limit, is determined using public formalities established clearly known to all and all should follow. Besides the distribution of obligations between the groups in the administrative procedure must go along the lines that have been clearly defined with formalities which have prompted or determined appropriate actions in administrative procedure. The formalities are part and symbol of the administrative procedure of the right or legitimate interest in certain specific situations. Public formalities is kind of legal fact as a mandatory component of normative provided interaction regulatory interaction in cooperative norm of activities normally required for a final decision and execution of the final result of the implementation of the law, a legitimate interest. Given the importance of the legal formalities as a symbol of the content and course of the administrative procedure for the sale of certain activities should be encouraged and given the opportunity they occurred by providing documents in electronic form. Presented system of signs on certain aspects (values, information, tool) already allows you to perform purely applied objectives – to make an inventory of existing legal provisions that can be classified as a formality, and identify gaps in regulation of certain activities

Authors and Affiliations

З. Ю. Кунєва

Keywords

formalities; public formalities; public administrative activities; administrative procedure; functions of formalities; legal means; private law; public law; legal fictions; legal symbols.

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EP ID EP445875
DOI -
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