ИНСТИТУТ ГОСУДАРСТВЕННЫХ УСЛУГ В СИСТЕМЕ АДМИНИСТРАТИВНОГО ПРАВА

Abstract

The article is devoted to the analysis of the institute of public services as an element of administrative law system. The author analyzes the doctrinal sources of the system of administrative law and puts forward the author’s judgments on the formation of the modern system of administrative law. The purpose of this article is to identify the main features of public relations arising in the field of public services and determine the place of the institute of public services in the system of administrative law. In order to achieve this goal, the author analyzes the existing studies devoted to the study of both the system of law in general and the system of administrative law in particular. The methodological basis of this article is a combination of general scientific methods of knowledge, the formal-legal method as well as the comparative legal method. Result. Analyzing the concept of the system of law and the system of legislation, the author concludes that in forming the content of these categories, first of all, it is necessary to establish the stage of development of the state and the types of legal understanding developed in legal science. The author notes that in a state governed by the rule of law, where the individual, his rights and freedoms are of supreme value, the widespread theory of legal positivism must give way to a theory of natural law that allows the distinctive features of the concepts in question to be established. The author has used doctrinal sources as well as law enforcement practice to identify the main characteristics of public services and the criteria for classifying a legal norm in the administrative law system. Having clarified the purpose and objectives of modern administrative law, the author justifies the idea that public service activities are a favourable form of public administration. The purpose of which is to assist individuals in exercising their rights, freedoms and satisfaction of legitimate interests. As a result of the research, it is noted that such relations arise primarily on the basis of general administrative law norms, which leads to the conclusion that the totality of such legal norms should be combined into a legal institute in the system of general administrative law. Conclusion. The author concludes that the modern development of law in general, and administrative law in particular, requires rethinking and allocation in the general administrative law system of the new institute, which may be called – Institute of public services.