Types of functions of the administrative process and features of their manifestation
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 36, Issue 1
Abstract
Summary. The paper defines a range of theoretical problems that the scholars face during the classification of the functions of the administrative process, reveals the features of approaches to the classification of functions of administrative legal proceedings presented in the scientific literature, and also focuses on the practical and applied significance of the classification of functions of the administrative process for developing the science of administrative law and national legislation. It is stated that the definition of types of functions of the ad ministrative process is today unresolved issue in the theory of administrative law. It is proved that the main problem that occurs when defining the types of functions of the administrative process is the misuse of the terminology that underlies any comprehensive study. Wrong use of terminology negatively affects the truth, objectivity, the theoretical and practical significance of research results and, therefore, the functions of the administrative process are often identified in the legal literature with the functions of administrative procedural law, the functions of administrative legal proceedings, the functions of administrative courts, etc. It is concluded that the functions of the administrative process, depending on the role they play in society, can be divided into the main and additional ones. It is substantiated that, depending on the goals of the administrative process, it is expedient to include protective, control, defensive, and alternative functions in the main functions of the administrative process, and in additional functions – the function of interference of the administrative court in the judgement of the subject of public administration and the function of applying administrative sanctions in cases on appeals of authorities.
Authors and Affiliations
Н. Ю. Гуть
Keywords
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