
Norms of administrative law: a modern view of the features and essence
Author(s) -
Ye. Doiar
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.03.16
Subject(s) - administrative law , public law , law , political science , objectification , private law , municipal law , discretion , administrative discretion , state (computer science) , law and economics , sociology , computer science , algorithm
An attempt is made to analyse the features and essence of the rules of administrative law in terms of recent trends in the doctrine of administrative law. In particular, among the permanent features of the rules of administrative law are the following: are the primary elements of the system of administrative law; have a specific structure due to the sphere of objectification; aimed at the legal regulation of those social relations that constitute the subject of administrative law; their priority goal is to provide conditions for the implementation and protection of individual rights and freedoms in the public sphere; the vast majority of administrative law is imperative, but at the same time, a significant number of administrative law is dispositive in nature, which consists in giving an entity that is not endowed with administrative powers, the right to act at its discretion; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).
Based on this, it is summarized that the administrative law is the primary element of the system of administrative law, which has a specific structure due to the scope of objectification, aimed at legal regulation of public relations that are the subject of administrative law, with priority to provide conditions for implementation and protection of the rights and freedoms of the person in the public sphere, the realization of which (goal) is ensured by means of a system of certain means (state-coercive, stimulating, etc.).