ВИДИ АДМІНІСТРАТИВНО-ПРАВОВИХ ВІДНОСИН У СФЕРІ РЕАЛІЗАЦІЇ ПРАВА ГРОМАДЯН НА КОРИСТУВАННЯ ПРИРОДНИМИ ОБ’ЄКТАМИ ПРАВА ВЛАСНОСТІ НАРОДУ УКРАЇНИ

Abstract

Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.