STAGES OF DEVELOPMENT OF THE SCIENTIFIC OPINION ON THE FUNCTIONS OF THE ADMINISTRATIVE PROCESS
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 3, Issue 2
Abstract
The work reveals the specificity of historical and legal analysis, is carried out today in the science of administrative law, identifies and describes the negative trends in this area that affect the objectivity and scientific value of the results, and also determines the stages of development of scientific thought regarding the functions of the administrative process. In the process of determining the stages of development of scientific thought regarding the functions of the administrative process, the author comes to the conclusion that there is no comprehensive work in the legal literature on this issue. For example, the history of the development of scientific thought about the administrative process can explore and characterize, as well as highlight in it certain periods, which is due to the existence of a large number of scientific papers on this issue. Analysis of the legal literature of Soviet times and modern Ukraine shows that the work examines the functions of state bodies and government, the functions of law and legal norms, the functions of participants in the legal process and procedural acts, the functional nature of certain types of legal process, and only in rare works is an attempt to reveal content and types of functions of the legal process or functions of legal proceedings. Each research work on the disclosure of the content of state-legal phenomena should, firstly, reflect the existing reality with all its advantages and disadvantages, secondly, contain proposals for improving law enforcement, improving existing national legislation and proposing possible solutions. existing problems, thirdly, to demonstrate the connection of this study with all previous studies. It is noted that each research work, including, dedicated to the disclosure of the content of the functions of the administrative process, should demonstrate the connection of this study with all previous ones. It is stated that this aspect is ignored in the majority of modern research projects, and it negatively affects the results of research activities. There are two main reasons for the current situation: in scientific works it is very rare to separate the history of the development of legal norms and the history of the development of scientific thought about a separate legal phenomenon; historical aspects of the research topic are disclosed by the authors through the analysis of acts of national legislation and, at the same time, ignore the scientific achievements of past generations. A generalized analysis of the opinions presented in the legal literature made it possible to identify four stages in the development of scientific thought regarding the functions of the administrative process, each of which is described in detail in the article.
Authors and Affiliations
Н. Ю. Гуть
Keywords
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