АДМІНІСТРАТИВНЕ ПРАВО: МАТЕРІАЛЬНІ, ПРОЦЕСУАЛЬНІ ТА ФОРМАЛЬНІ СКЛАДНИКИ

Abstract

The purpose of the paper is to analyze and disclose the issues of theoretical and practical plan that prevent the solution of administrative law legal applying issues, which contain or are connected with the definitions of “substantive and processual law” and “norms substantive and processual law” and the development of theoretical proposals needed to solve the problems of the practical plan. Research methods. The paper uses a comprehensive approach to creating a theoretical picture of the object and the application of the methodological scheme of “double knowledge” about the object as such and the knowledge that describes and depicts it; method of comparative legal and doctrinal knowledge of administrative legislation; method of generalization and modeling of new theoretical knowledge of administrative law. Results. Issues for the further development of theory and practice of administrative law are identified and a theoretical approach for their solution is suggested. It is established that the subject of administrative law requires modeling and legal regulation of an administrative activity according to the scheme of legal certainty by the norms of substantive and formal law. Substantive administrative law consists of rules that describe materialized objects, the title of which defines the basic institutions of administrative law. Formal administrative law consists of norms that determine the process of substantive law formalization according to the procedures of administrative activity, which consist of substantive and processual norms of formal law. The main substantive rules of formal law include public conditions and formalities, as legal means that determine the interaction of subjects in administrative activity and the delimitation of the spheres of norms effect for private and public law. Conclusions. It gives reasons for the position that the practical implementation of approaches based on the theoretical position of the division into substantive and formal administrative law, means the formation of an administrative procedure as a single standard for the whole administrative activity, including judicial.