Stimulation in service law as a type of administrative procedure
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 4, Issue
Abstract
The article substantiates the expediency to study stimulation in service law as a type of administrative procedure. Based on the analysis of different sources, the author marks the diversity of approaches of legal scholars to the correlation of incentives and stimulation (from improper identification to consideration as a means of encouragement and consistency of action regarding the use of the relevant means), justifies their inextricable connection and correlation as a means and process of application of the corresponding means. The paper focuses on a scholarly dispute on a branch affiliation of stimulation as a type of administrative procedure and argues that it is characterized by the features of administrative procedure. The analysis of available sources allows identifying a general legal approach to the determination of incentives features and a highly specialized approach which makes it possible to identify incentives features and consider it as a kind of administrative procedure. The article analyses the most widespread approaches to the doctrinal determination of the features of the administrative procedure, substantiates their peculiarity to stimulation the basis of which is determined by the norms of service law as a sub-branch of administrative law. The author justifies a unique character of stimulation in service law as a type of administrative procedure connecting both general features, which are peculiar for any administrative procedure, and specific features (grounds, a degree of compulsory guarantee, scope of objectification, degree of regulation of the actors of incentives, etc.). The position of stimulation in official law under the variety of administrative procedures is clarified with the emphasis on the use of different criteria for such a division.
Authors and Affiliations
М. В. Титаренко
Keywords
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