Administrative contracts in the doctrine and system of sources of administrative law of Germany and Ukraine

Abstract

The article is devoted to the analysis of the doctrinal concept and legislative definition of the administrative contract in the legal systems of Germany and Ukraine, as well as the place of this institution in the system of sources of administrative law of Ukraine. It has been established that recently the influence of the legal doctrine of the Federal Republic of Germany on the administrative law of Ukraine has significantly increased, and it no longer sees “power relations” in the relations between subjects of state power and citizens, and therefore, the concept of proportionality acquires a wider meaning. Under such conditions, an administrative contract is not inferior to an administrative act in its rule of law value. The two-level model of legal regulation of administrative contracts in the Federal Republic of Germany is analyzed, as well as the legal position of the Federal Supreme Court on the applicability of civil law norms in the public sphere. The importance of the place of the public-law contract and its administrative procedure in the Law “On Administrative Procedures” of the Federal Republic of Germany is revealed. A description of the ontological, subject, and methodological criteria for the identification of administrative contracts in the domestic doctrine of administrative law is given. It is proved that the problem of legal regulation of an administrative contract in the Ukrainian legal field should be considered through the prism of three main models of systematization of administrative and procedural legislation, which are used in the legal systems of different countries of the world. Corresponding improvements in legal regulation and own vision of the prospects for the codification of legislation on administrative contracts in the legal field of Ukraine are proposed.