Specialities of administrative and legal relations of public admininstartion authorities and citizens
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
Various relations, permanent member of which is public administration authority, appear in the field of public (state and self-governing) administration. Other participant of these relations may be also public administration authorities or legal entities or natural persons. These relations are governed by administrative law, which gives them an administrative nature. The relations between public administration authorities and citizens are also considered through the category of “public law” relations. The category of administrative legal relations is one of the key categories of administrative law, because the administrative law relations give it dynamics and implement the rights and obligations of participants. Scientific researches correctly emphasize that there are no significant differences in the views on the key features of social relations regulated by administrative law among experts. In particular, they agree that these relations mainly appear in the field of public administration; they have a mandatory participant: the carrier of executive and administrative powers of the state; they appear at the initiative of any subject of administrative law; consent or willingness of the other party of relations is not a prerequisite of their origin; disputes between the parties are resolved both in judicial and administrative proceedings; the participants of administrative relations legally responsible to the state, represented by its authorities, in the case of violation of administrative legislation. The purpose of this article is to highlight special aspects of administrative legal relations of public administration and citizens. The nature (essence) of administrative legal relations of public administration and citizens has been evolved since the end of Soviet era. Changes that always occurred (and continue occurring) in social and political life of the country stipulate both the change of the relevant spectrum of public relations and change of the administrative law norms that govern them. The thesis that relations between public administration authorities and citizens should be constructed with taking into account the “person centrist” concept is currently considered as the established in the science of administrative law. It is supported the point of view that in the administrative legal relations between public administration authorities and the citizens two different models of action have to be agreed: the action of an individual on the basis of the rule “it is allowed everything that is not prohibited” and the action of public authority on the basis of the rule “it is only allowed what is directly foreseen by law”. That is the imperative and dispositive methods of legal regulation must be coordinated. In our opinion, the nature of relations between public administration authorities and citizens could be characterized by the principle of equivalence of their participants, where each of them is equally important participant of relations regardless of the kind of relations in which they participate. Realizing their legal status, each of the party can expect the compliance of its right by other party and the fulfilling its duties. The structure of administrative legal relations with the participation of public administration authorities and citizens is a classic for these relations and includes the subjects, object and content. Scientists have repeatedly paid attention to the issue of interpretation of the category of “public administration”. It is supported the approach according to which the key structural elements of public administration are executive authorities and executive authorities of local selfgovernment. Object specificity is definitive for public law relations. That is the specificity of their objects the main part of which is not peculiar for other relations. For the majority of such relations it is peculiar object plurality. The content of administrative legal relations between public administration authorities and citizens includes subjective legal rights and obligations. The subjects of the most of public legal relations simultaneously have subjective rights and legal obligations (primarily subjects of public power).
Authors and Affiliations
Viktoriia Derets
Keywords
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