scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals The Development of Ideas on the Administrative Law Subject

2021 ◽  
Vol 5 ◽  
pp. 6-13
Author(s):  
Boris V. Rossinskiy ◽  
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Authority ◽  
The Subject ◽  
Russian Law ◽  
Definition Of

The article analyzes judgments about the subject of administrative law, their transformation depending on the provisions of the country’s constitutions and the views of scientists on the process of public administration. The article examines modern approaches to the subject of administrative law in connection with the emergence of a constitutional definition of public authority. The author’s definitions of the administrative law general subject, administrative law as a branch of Russian law and as a science are given.

scholarly journals Relations on Ensuring the Rights and Freedoms of a Man and Citizen as a Component of the Subject Matter of Administrative Law

2020 ◽  
Vol 90 (3) ◽  
pp. 144-153
Author(s):  
А. Т. Комзюк ◽  
Є. А. Липій
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Administration ◽  
Subject Matter ◽  
Legal Theory ◽  
Administrative Law ◽  
International Treaties ◽  
Constitutional Principle ◽  
The Subject ◽  
Administrative Regulation

The relations arising in the activity of public administration concerning the provision of human rights and freedoms, which are recognized as a priority component of the subject matter of administrative regulation, are characterized.  It is emphasized that one of the main, conceptual, most important and at the same time the most controversial issues is still the understanding of the subject matter and system of administrative law. The tasks concerning the assertion of the rights and freedoms of citizens, in particular the completeness of the settlement of their guarantees, are analyzed.  It is established that it can be carried out in different ways and means: by utterances in declarations, statements, enshrined in the Constitution and laws; participation in the preparation and adoption of international human rights instruments, accession to relevant international treaties, etc. Regarding administrative regulation, it is an issue of consolidating human and civil rights and freedoms in the sources of administrative law and recognizing their priority. The essence of the concept of "provision" and its elements are defined, which means the recognition and settlement with due fullness of these rights and freedoms, providing a real opportunity to use them, promoting implementation (positive guarantee), protection and defense from violations, renewal if allowed and responsibility of the state for them. It is emphasized that the protection and defense of the rights of citizens in modern administrative and legal theory are rarely considered as part of the constitutional principle of their approval and provision. Moreover, the emphasis in many works is exclusively made on the so-called "service" activities of public administration, which provide the most positive promotion of the rights and freedoms of citizens. However, it is no less important to maintain proper public order and security, to counteract to various illegal manifestations that infringe on these rights and freedoms, causing some damage, sometimes quite significant. The conclusion is made about the expediency of taking into account the relations concerning the provision of human rights and freedoms and its elements, in particular protection and defense in the construction of the system of administrative law.

scholarly journals Theoretical approaches to the definition of the subject of administrative law and process

2021 ◽  
Vol 2 (12) ◽  
pp. 138-149
Author(s):  
R. V. NAGORNYKH ◽  
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Administrative Law ◽  
Cultural Development ◽  
Public Power ◽  
Theoretical Approaches ◽  
The Subject ◽  
Definition Of ◽  
The Individual

The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples

Public control in France

2018 ◽  
Author(s):  
А. Пилипенко ◽  
A. Pilipenko
Keyword(s):  
Public Administration ◽  
Legal History ◽  
State Power ◽  
Administrative Law ◽  
The State ◽  
Executive Power ◽  
Public Control ◽  
Democratic Tradition ◽  
The Subject ◽  
The Individual

The monograph reveals the topic of control, the relevance of which is undoubted and can hardly lose its importance. Who and how controls whom and why control in society-all this ultimately determines the degree of democracy or despotism of the state. The subject of the research is public control in France, a country with a rich political and legal history and established democratic tradition of governance. Public control is considered as a generalizing concept covering the function of the bodies constituting the state in the sphere of Executive power, including over citizens, where there are tendencies to limit the rights and freedoms of the individual and to establish total control over the population. Author-lawyer, specialist in constitutional and administrative law of France. The main leitmotif of the work is the ideological and moral potential of the democratic institutions of the state. The example of France shows what is being done to support them, and in some cases to resuscitate them, how real is the prospect of turning citizens from "controlled" to "controlling". For officials and employees of the apparatus of legislative and Executive bodies of state power, as well as scientific and pedagogical staff, students and postgraduates studying topical issues of constitutional and administrative law, the optimization of public administration.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.

THE CONCEPT AS THE OBJECT OF STUDY OF LINGUISTICS

2020 ◽  
Vol 72 (2) ◽  
pp. 236-242
Author(s):  
K. Galiyeva ◽  
◽  
S. Isakova ◽  
Keyword(s):  
Cognitive Linguistics ◽  
Point Of View ◽  
Subject Areas ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Definition Of ◽  
Object Of Study ◽  
Linguistic Phenomenon ◽  
Scientific Fields

The article is devoted to the definition of concept in modern linguistics. Various points of view and definitions of the basic concepts are considered: "concept", "conceptual sphere", "content". The aim of the article is to describe and explain such a complex unit as a concept from the point of view of linguistics. The object of research is studied in its various manifestations, the combination of verbal and nonverbal means of information expression in the conceptual sphere is revealed. the relevance of this topic is due to the need for a detailed consideration of the concept of concept based on the works of prominent scientists and linguists. Researchers treat the concept as a cognitive, psycholinguistic, linguocultural, cultural and linguistic phenomenon. The concept is an umbrella term because it "covers" the subject areas of several scientific fields: primarily cognitive psychology and cognitive linguistics.

scholarly journals Administrative restraint measures applied in licensing relations

2021 ◽  
pp. 125-132
Author(s):  
L. V. Standzon
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Preventive Measures ◽  
Executive Power ◽  
Important Place ◽  
Points Of View ◽  
Additional Reference

The most important place among the measures of administrative coercion is occupied by measures of administrative restraint, highlighted by all authors dealing with public administration issues and investigating the effectiveness of the methods used to implement executive power. The current legislation provides for a significant arsenal of tools that are a way to respond to the cessation of violations in the field of public administration. Covering various public relations, these measures are very successfully applied in the implementation of licensing legal relations. Licensing and the implementation of subsequent licensing control involves the active use of administrative measures such as revocation or revocation of the license, suspension of its validity, as well as the issuance of an order to eliminate violations of the license legislation. At the same time, there are different points of view on the issue of attributing certain measures to administrative measures of restraint, which caused the need for additional reference to this topic of research. The author draws conclusions and expresses his own opinions on the types of administrative preventive measures related to the licensing and licensing sphere.

scholarly journals Theoretical aspects of public administration electronic services

2017 ◽  
Vol 1 (2) ◽  
pp. 119-128
Author(s):  
Jozef Andraško
Keyword(s):  
Public Administration ◽  
Theoretical Perspective ◽  
Legal Order ◽  
Different Types ◽  
Definition Of

The author deals with the issue of public administration electronic services from the theoretical perspective. In particular, author is analysing all elements of the term in question. Furthermore, the author focuses on different types of categorization of public administration electronic services. Moreover, author is dealing with the definition of the term in question from the perspective of Slovak legal order.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

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