Structure of administrative rule: analysis of modern scientific approaches to construction
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 33, Issue
Abstract
In the article, based on a generalized analysis of scientific and journalistic sources, the structure of the norms of administrative law is determined. It was noted that it is reasonable and logical to recognize the three-part structure of the administrative-legal norm. At the same time, the author supports the scientific propositions that along with the hypothesis (which, as a rule, is not formulated) and disposition (which is the main component of the norm), the element of the structure of the rule of administrative law is the incentive, which in turn (depending on the nature legal impact) is divided into incentives and sanctions. It is emphasized that the tendency to increase the number of norms with a two-element structure (disposition and incentive), where dispositive dispositions and norms-incentives prevail over imperative dispositions and sanctions norms, respectively, is an essential feature of modern norm-setting activities aimed at improving the efficiency of administrative and legal regulation.
Authors and Affiliations
А. Ю. Кондратьєв
Keywords
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