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 ◽  

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

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova

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.


2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  

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.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.


2021 ◽  
Vol 5 ◽  
pp. 6-13
Author(s):  
Boris V. Rossinskiy ◽  

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.


Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.


2018 ◽  
Vol 6 (3) ◽  
pp. 32-38
Author(s):  
S. O. Mosondz ◽  
E. O. Kazmiryshyn

The article is devoted to the research of directions of administrative and legal support of the state policy in the field of European integration of Ukraine. On the basis of the study, the author clarifies the content of the categories of state policy and European integration of Ukraine; certain sources that determine the content and direction of state policy in the field of European integration of Ukraine; outlines directions of administrative and legal provision of state policy in the field of European integration of Ukraine.It is well-proven that European integration of Ukraine as sphere of public policy of Ukraine does not have permanent maintenance. Four groups of directions of public policy are distinguished in the field of European integration of Ukraine, that is provided due to the norms of administrative law: 1) directions that touch public relations in connection with providing of public power subjects, first of all, by public administration of rights, freedoms and legal interests of private persons in the field of realization of public policy in the field of European integration of Ukraine; 2) directions that touch public relations, in relation to the management of public and communal domain objects in the field of realization of public policy in the field of European integration of Ukraine; 3) directions that touch, that public relations that determine внутрішньоорганізаційну activity of public government bodies in relation to realization of public policy in the field of European integration of Ukraine; 4) directions that touch, that public relations in the field of co-operating of public government bodies with the institutes of civil society in relation to realization of public policy in the field of European integration of Ukraine.


Author(s):  
Maryambibi Djumaniyazovna Abdullaeva ◽  

A person's life takes place directly in society, among those who live in it. The effectiveness of interpersonal relations between members of society directly depends on the content of social relations of the individual. The content of public relations, in turn, is determined by the definition of social and legal norms, the degree of their recognition by society, as well as their compliance in practice. The article analyzes social relations in primary school children.


Author(s):  
Ihor Binko ◽  

The article attempts to differentiate between public administration as a subject of legal relations and as a relevant activity, a function that is inherent in it. It is stated that public administration as a separate legal institution within the framework of administrative law is at the stage of development in post-Soviet countries, including Ukraine, competing with theories and sciences of public administration, which a large number of experts recognize as inappropriate with modern public administration. and administration. At the same time, there is no unanimity of views, terminology is used, which has a double meaning. In the administrative law of Western European and North American countries, public administration is mainly defined as a set of bodies and institutions that exercise public power through the implementation of laws, regulations and other actions in the public interest. There are a large number of scientific definitions of public administration and public administration. The definition of "public administration" has the following closely related meanings - an integrated state apparatus (policies, rules, procedures, systems, organizational structures, staff, etc.), which is funded by the state budget and is responsible for managing and coordinating the executive branch and its interaction with other stakeholders in the state, society and the external environment; - management and implementation of various government measures related to the implementation of laws, regulations and decisions of the government and management related to the provision of public services. Thus, it would be logical to follow a structural approach, according to which public administration will be considered primarily as a set of state bodies and other public institutions designed to organize the effective functioning of society.


2021 ◽  
Vol 295 ◽  
pp. 04003
Author(s):  
Olga Yakovleva

The article is devoted to the study of the problems of definition and legislative regulation of the environment as an object of criminal law protection. The correct legislative regulation and the definition of the object and subject of the crime in the criminal law standard contribute to the correct labeling process. In the legal literature, there is no consensus on the definition of the object of environmental crimes. Some believe that the object of this group of crimes is the order of use of natural resources or social relations related to their economic exploitation; others believe that the relations of state ownership, which are expressed in natural resources; finally, the object of this group of crimes is directly the natural resources themselves or the entire environment. Taking into account the legislative regulation of norms united by generic and species groups and the scientific and theoretical definition of the direct object of the crime, we believe that the object of environmental crimes is public relations for the protection of the environment, the preservation of favorable natural conditions for nature, living beings and ensuring a sufficient level of environmental safety. In this context, a favorable environment should be considered as an environment whose quality ensures the safety of the natural environment functioning and other objects. The subject of crime in the science of criminal law makes it possible to solve many important issues from a practical point of view since it is characterized by relative criminal-legal independence: to distinguish between general and special elements of crimes; the subject of the crime allows you to reveal the nature and extent of the damage that was caused by the crime, as well as to identify the relationship between the criminal act and the consequences that occurred.


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