Certain aspects of the use of goal setting as a methodological technique for the study of administrative law

Abstract

The article, based on the analysis of the norms of public and private law, offers some advantages of using goal-setting as a methodological technique for the study of administrative law. It was established that the process of formation and implementation of goals has an important role in administrative and legal regulation, and therefore should have a scientific basis in the form of “goal setting”. If the goals of all elements of the administrative law system are properly defined and formulated, then, firstly, law enforcement subjects will be able to carry out targeted management, control, law enforcementactivities and activities related to the provision of administrative services, and secondly, this will create favorable conditions for the formation and the development of legal awareness among private individuals, which will have a positive effect on the observance of the general regime оf legality in the state. It has been proven that “right in the subjective sense” goes beyondresearch through the lens of goal setting. This is due to the fact that, firstly, natural human rights are only declarations that cannot be realized in real life without “rights in the objective sense”, secondly, the rights of a citizen are the result of legal regulation of social relations in a specific country, and therefore they should be considered exclusively as a result of achieving the goals of administrative and legal regulation. It is proved that the criteria for dividing the law into public and private law are the goals of legal regulation, which can be determined through the analysis of types of legal regulation. It was found thatthe following type of legal regulation is used in administrative and legal regulation in relation to public administration entities: “Only what is provided for by law is allowed.” That is, the main goal of administrative and legal regulation in relation to subjects of public administration is to prevent arbitrariness on the part of subjects endowed with public-authority powers. In relation to private individuals, the following type of administrative and legal regulation is used: “All that is provided for and not prohibited by law is permitted.” This type of administrative-legal regulation pursues two goals at once, which are hierarchically located next to each other: 1) to maximally ensure the realization of the rights and freedoms of a person and a citizen in relationswith the state and other subjects endowed with public-authority relations; 2) not to limit the variability of the behavior of private individuals in administrative legal relations in cases where there are no clear requirements for such behavior in the form of prescriptions or prohibitions or in cases where there are gaps in administrative and legal regulation.