Administrative-legal Norms Research Articles

Административно-правовые нормы как модели публичного управления

The article discusses the modeling method, which is successfully used not only in the natural and technical sciences, but also in the humanities. It is shown that this method is also used in legal research and law enforcement, and it has the greatest potential in the field of management. It is noted that one of the main advantages the using the modeling method in law is the opportunity to study the mechanism the action of legal norms and the organization of social relations. Based on the consideration of specific examples, it is concluded that administrative legal norms, being models of objective reality, can be successfully used to build optimal algorithms for law enforcement activities, which make it possible to use modern digital technologies in this process. It is argued that modeling has great prospects for improving the public administration process as a whole.

Administrative and legal status of the state service of financial monitoring as a subdivision of financial intelligence

The activity of the State Financial Monitoring Service of Ukraine as a financial intelligence unit is aimed at protecting the national security of the state by initiating and ensuring the conduct of financial investigations related to the laundering of criminal proceeds, the financing of terrorism, and the financing of the proliferation of weapons of mass destruction. Revealing the concept of the administrative and legal status of the State Financial Monitoring Service as a unit of financial intelligence, it is worth noting that the general understanding of the legal status involves the position of certain subjects in the state established by legal norms. Peculiarities of the legal status of state authorities are provided for in the normative legal acts that regulate their activities. In our opinion, to study the content of the administrative and legal status of the DSFM, it is appropriate to consider such structural elements as: purpose, functions, tasks and competence (rights and duties). Analysis of the goals, functions, tasks and competences (rights and duties) of the State Financial Monitoring Service as a unit of financial intelligence established at the regulatory and legal level, as well as direct work on the implementation of such tasks, allows us to assert that the administrative and legal status of the State Financial Monitoring Service monitoring involves its active activity as a financial intelligence unit. Therefore, the administrative-legal status of the State Financial Monitoring Service as a unit of financial intelligence should be considered as a set of interconnected elements established by administrative-legal norms, with the help of which the State Financial Monitoring Service implements its powers to prevent and counter the legalization (laundering) of income. proceeds of crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.

Data Transmission Security and Legal Regulation in Clinical Application of Human Gene Editing from Perspective of Big Data

Gene editing, as an emerging biotechnology, has enormous potential for application but also brings various risks. Considering the current development status of gene editing technology, the criminal regulation of gene editing is based on the theory of risk criminal law. Ethical safety should be protected as a legal interest, and specific criminalization standards should be used to distinguish gene editing for therapeutic purposes, human embryo gene editing, and other types of gene editing behavior. In view of the many problems currently existing in gene editing legislation, at the legislative level, it is necessary to balance the expansion of legal provisions brought about by risk criminal law theory and the exoneration brought about by allowed risk theory, with administrative legal norms in place, and the criminal law should exercise restraint on emerging technologies; At the judicial level, by referring to the understanding of judicial interpretations of similar crimes, corrections can be made to the elements of criminal composition, serious circumstances, and deficiencies in unit crimes.

Peculiarities of legal regulation of the administrative-legal status of subjects of interaction between the state and the public

The article offers a special analysis of the features of the administrative-legal regulation of the administrative-legal status of subjects of interaction between the state and the public in modern Ukraine. The coverage of the mentioned issue was carried out taking into account the following elements of the administrative and legal status of the listed subjects: 1) identification of the subjects of interaction; 2) the principles of the legal status of subjects of interaction are those fundamental, starting ideas, concepts that determine the construction of the entire administrative and legal status of the studied subjects and their further activities in the sphere of interaction. These principles include: democracy, rule of law, equality, voluntariness, transparency, publicity, initiative in interaction; 3) competence-authorizing element. Attention was drawn to the fact that the competence of state authorities and other representatives of the state in the field of interaction with the public today, as well as all other aspects of the administrative and legal status of the above entities, is not properly defined. Separate norms regarding the powers of state bodies to interact with the public are chaotically provided for in various normative legal acts; 4) responsibility of the subjects of interaction. The author concluded that the legislation lacks a systematic approach to the regulation of responsibility in the sphere of interaction between the state and the public, fixing the specifics of the composition of relevant violations and establishing the types of responsibility adequate to such violations, determining the specifics of the subjects of such responsibility; 5) a guarantee element, which is proposed to be understood as a set of special legal, political, economic, social and other means defined in legislation to ensure stable and effective interaction between the state and the public, compliance with generally recognized standards of such interaction in civil society and a democratic state, as well as protection of rights and interests of each of the parties.
 It was noted that, in general, characterizing the specifics of the normative-legal regulation of the content of the administrative-legal status of subjects of interaction between the state and the public, it should be noted that it is insufficiently filled with special administrative-legal norms that directly determine the peculiarities of the status of each subject as a participant in the interaction, the peculiarities rights and duties, tasks, responsibilities, principles of administrative and legal status in the defined area. In the structure of such an administrative-legal status, there are too few norms that specify the place and role of relevant subjects in the course of interaction between the state and the public.

Banking contracts in the system of civil law contracts

The article attempts to determine the place of bank contracts in the system of civil law contracts on the basis of the current legislation and the points of view existing in the legal literature. It is noted that an indicator of the relevance and low development of this research topic is that, despite the presence of a fairly wide range of research on certain types of obligations and contracts, the issue of determining the place of banking contracts in the system of civil law contracts remains insufficiently developed.It is argued that the system of civil contracts contains a special group of contracts, the execution of which is directly the subject of banks' activities (lending, attraction of deposits, settlement operations, etc.).The peculiarity of these contracts is that the bank is always one of the participants in the transaction, and the subject of legal actions, as a rule, is money. Banking contracts have a civil-law nature, since as a result of the application of administrative-legal norms, although public-law relations arise, such legal relations exist in parallel with private-law ones and do not intersect with them.
 It is emphasized that banking contracts have a civil-law nature, since as a result of the application of administrative-legal norms, although public-law relations arise, such legal relations exist in parallel with private-law ones and do not intersect with them.
 The signs that characterize bank contracts as a private-law category, which occupies a rather important place in the system of civil-law contracts, are determined.
 The issue, which has been the subject of discussions for a long time and is related to the classification of banking contracts as service obligations, is considered.
 The legal nature of banking contracts was analyzed, based on which it was concluded that regardless of the degree and nature of state intervention in the activities of banks, banking contracts were and remain an institution of civil law, as they always lead to the emergence of property relations based on the principles of legal equality of its participants.

Subjects of administrative offense (tort)

The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.
 It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).
 It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.
 It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.
 The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work. The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.
 It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).
 It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.
 It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.
 The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work.
 In the current conditions of Ukraine’s development as a state governed by the rule of law, taking into account changes in foreign relations, strengthening positions in the international arena, cardinal powerful internal processes, developing mechanisms to ensure the implementation and protection of human rights in administrative-tort relations. ) and administrative proceedings in which the activities of the administrative body (official) and the court are assessed for their legality and effectiveness. The evolution of the legal system in Ukraine and abroad shows that the consideration and resolution of a jurisdiction by one body (official) - one instance leaves room for error, which leads to inefficiency of justice and, consequently - a decrease in confidence in public authorities, faith in the general principles of administrative proceedings.

ПОНЯТТЯ ТА ОЗНАКИ ОСОБЛИВИХ АДМІНІСТРАТИВНО-ПРАВОВИХ РЕЖИМІВ В УКРАЇНІ

The concept and features of special administrative and legal regimes in Ukraine are studied. It is established that special administrative and legal regimes occupy a special place in the system of legal regimes. The peculiarity is that they belong to the field of public safety, national security and national interests, as well as the use of special legal instruments such as granting exclusive powers to public authorities, the possibility of restricting the rights and freedoms of man and citizen and others. It is established that these features include special administrative and legal regimes mostly in the field of administrative law, as the achievement of the goals of their implementation is carried out through the formation of a system of "rigid" public (administrative) management. Researchers' views on the concept of special administrative and legal regimes and their features are studied. It is established that their diversity is justified by the difference in the conditions under which a particular administrative-legal regime is introduced, in particular the purpose of implementation, the type of crisis situation, the subjects of ensuring the implementation of the regimes under consideration, etc. The basic features of special administrative and legal regimes, regardless of their type and conditions of implementation, are highlighted. The author's definition of the special administrative-legal regime as the special order of legal regulation established by administrative-legal norms which is introduced for the purpose of prevention or elimination of threats to national interests and national security with granting to subjects of maintenance of the special legal regime of special powers implementation, measures, including restrictions on human and civil rights and legitimate interests of legal entities within certain space and time limits.

FEATURES AND FUNCTIONAL PURPOSE OF THE COMPONENTS MECHANISM OF ADMINISTRATIVE-LEGAL REGULATION

This article is devoted to highlighting of the features and functional purpose of the main constituent parts (elements) of the mechanism of administrative-legal regulation of social relations, namely administrative-legal norms, administrative-legal relations, acts of implementation of legal norms. It is emphasized that the main and necessary component of the mechanism of administrative and legal regulation are administrative and legal norms, which, performing their regulatory functions in the process of regulating social relations, act as a means of functioning of administrative and legal regulation of these relations. In the mechanism of administrative-legal regulation, administrative legal relations have the following features: they are the main means of ensuring the functioning of administrative-legal norms; administrative legal relations, establishing the specific behavior of subjects in the form of rights and legal obligations in the process of state (public) management, the application of measures of administrative coercion, including administrative responsibility, act as an instrument of legal influence on social relations and a mandatory means of the mechanism administrative and legal regulation; their character is determined by the goal of administrative and legal regulation, which correlates with the specific goal of legal regulation in a certain field. An obligatory element (structural component) of the mechanism of administrative and legal regulation, which reflects the main content of the final stage of the process of this regulation, are the acts of realization of rights and obligations, which should be understood as the actual (real) effective behavior (active or passive) of the participants of these relations that correspond to the provisions established in the law (the will of law-making subjects). The implementation of administrative and legal norms that regulate social relations is manifested in three direct forms - compliance (observance), use and execution, which are manifested, respectively, in the implementation of «prohibitive», «authorizing» («permissive») and «obligatory» legal norms and in a special form - application, the specific features of which distinguish it from other forms of implementation.

Administrative responsibility for offences related to expert activity in Ukraine

One of the crucial means of establishing the truth in cases of administrative offences is expertise. As evidenced by judicial practice, the explanations of the individuals involved in the case are quite often contradictory, and only by appointing and conducting a forensic examination it is possible to establish certain circumstances of the case that require the use of special knowledge, which the court must evaluate accordingly. The purpose of this study was a comprehensive analysis of administrative responsibility for violating the procedure for conducting and organizing expert examinations in Ukraine. The principal methods for investigating this issue were the functional method, the logical analysis approach, and the synthesis method. The paper examined the specific features of administrative responsibility for offences related to the sphere of expert activity. It was found that the organization and conduct of expertise, as a basic category of expert activity, usually does not require the involvement of a wide range of people. However, the concept of expertise is not always limited only to forensic expertise, which is usually appointed based on a corresponding decision of a court or other authorized body. It was found that expert activity is not defined at the level of a separate legislative act, and therefore there are difficulties in forming general categories for understanding the essence of such a concept. In general, regulations define the requirements for experts, the stated expert opinions, the rights and obligations of experts, as well as responsibility for violating the procedure for conducting expert examinations. That is, the regulations mainly relate to the conduct of forensic expertise, as one of the components of expert activity. Furthermore, the current Code of Ukraine on Administrative Offences does not contain any administrative legal norms concerning administrative liability for offences that may arise in expert activity in general and forensic examinations in particular. It was concluded that the priority actions aimed at improving the institution of administrative responsibility for offences related to the field of expert activity in Ukraine should be as follows: firstly, the field of organization and conduct of non-judicial expertise requires legislative definition and statutory regulation; secondly, considering the fact that the current Code of Ukraine on Administrative Offences does not contain any administrative legal norm that concerns responsibility for offences related to the field of expert activity, namely the implementation of judicial and non-judicial examinations, it is necessary to amend the current Article 185-16 of the Code of Criminal Procedure of Administrative Offences with the following wording: “Violation of the procedure for conducting examinations by authorized individuals entails the imposition of a fine of one to two hundred minimum tax-free wages of citizens”. The materials of this paper are of practical value for subsequent research, solving issues and finding gaps in the Code of Ukraine on Administrative Offences.

Administrative and Legal Framework for Citizens’ Participation in the Maintenance of Public Order in Russia and Finland

The article provides a comparative analysis of administrative legal norms of the Russian Federation and Finland that regulate the participation of citizens in the protection of public order. The relevance of the chosen topic is determined by the fact that the human rights activities of law enforcement agencies, their importance in the fieldof public law enforcement, personal and public security is often unproductive, especially in the context of the global economic crisis, in which the functioning of law enforcement agencies alone is obviously not enough to protect human rights and freedoms and maintain public law and order. It is known that public tension in the state, including in Russia and Finland, increases sharply in emergency situations: during man-made disasters, epidemics, social crises, and terrorist activities. In such situations, the existence of public organizations whose activities guarantee the protection of public order and the elimination of negative consequences of emergency situations is extremely necessary. The Author considers the concept of public order, reveals its essence and content. The definition of the term “protection of public order” is formulated. It defines the legal regulation of citizens’ participation in public order protection in the Russian Federation and Finland. Common and similar features of such regulation are highlighted. The main legal acts regulating the participation of citizens in the protection of public order in Russia and Finland are analyzed in detail. According to the Author, strict centralization, as well as the lack of proper interaction of law enforcement agencies with society, is one of the key problems of enforcement and protection of public order in the law enforcement system of Russia and Finland. The issue of voluntary national teams functioning both in Russia and Finland is being considered. Attention is drawn to their specific features. In the end, the author concludes that at present, both for Russia and Finland, the issue of protecting citizens who take part in the protection of public order is a difficult one. It can be stated that in comparison with the Russian Federation, Finland provides a much smaller amount of guarantees for the protection of citizens who participate in the protection of public order.

On the Use of Unmanned Aerial Vehicles by Voluntary National Squads

In the article, the author considered the possibility of using unmanned aerial vehicles in the activities of a voluntary people’s squad during the protection of public order in the Russian Federation, the possibility of identifying violations and transmitting evidence obtained using unmanned aerial vehicles. The author found that the administrative-legal norms for the use of unmanned aerial vehicles by the people’s squad during the protection of public order in the Russian Federation have not been established, and therefore, in the opinion of the author, it is necessary to supplement the norms of civil law with the right to use technical equipment by people’s squads to protect public order. The author believes that the use of such means as an unmanned aerial vehicle would be justified, especially during mass events to ensure safety. The author believes that the urgent task in developing the legal regulation of the use of unmanned aerial vehicles by the national squad is to establish a balance in the administrative legal regulation of the use of unmanned aerial vehicles in order to optimally compromise the observance of the constitutional rights of citizens to privacy and public duty to protect public order.

Aggregate as a type of multiplicity of administrative offences: concept and legal formalization

The object of this research is social relations emerged on the basis of administrative-legal norms, which regulate the aggregate of administrative offences. The subject of this research is the scientific literature, normative legal acts and law enforcement practice related to the concept of the aggregate of administrative offences. The author examines approaches of the scientists of various law schools to the concept of aggregate of administrative offences, its development and transformation in time. The author indicated the flaws in the current administrative legislation in part of the absence of legislative consolidation of the concept of “aggregate” of offence, which results in occurrence of a number of problems. The article explores the legal norms that regulate aggregate of offences in administrative legislation of the Russian Federation. A comparative analysis is conducted on consolidation of the aggregate of offences in administrative and criminal law. The scientific novelty is defined by upcoming changes in administrative legislation. This is the reason why improvement of the Code of Administrative Offences of the Russian Federation with regards to regulation of the question of the aggregate of administrative offences gains more relevance. A conclusion is made on the need for establishing in law the unified detailed definition of the “aggregate” of administrative offences, which would allow ensuring more effective application of legal norms. A need is also underlined for the need of legislative consolidation of such feature of offences that are a part of the aggregate as “absence of bringing to accountability for earlier commission of an unlawful act”.  

ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

Petty crime: quo vadis?

The subject of this research is the normative gaps that have been an intrinsic part of petty crime for many years. Among most discussible within the academic community problems related to such legal violation, the author selected the following: absence of legal definition of the concept of obscenities in the national legislation; complexity of delimitation of petty crime from the adjacent administrative and criminal offences; disaccord in interpretation of the concept of “public place”. Particular attention is paid to the prospects of optimization of administrative-legal norms established in the Article 20.1 of the Code of Administrative Offences of the Russian Federation. The main conclusion of the conducted research lies in the statement that from the perspective of legal technique, the article 20.1 of the Code of Administrative Offences of the Russian Federation is in a permanent motion. However, this motion is chaotic and inconsequential. The introduced amendments to the text of codified law did not enhanced the protection of public order, as well as created the additional difficulties for the law enforcer. This article makes an attempt of systemic analysis of provisions of the Federal Law No.28-FZ of 03.18.2019 that complemented the article 20.1 of the Code of Administrative Offences of the Russian Federation with the Sections 3-5.

The mechanism of administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors: scientific and theoretical aspects

The article based on the analysis of scientists' points of view formulated the author’s definition of the legal construction “administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors”, reveals its signs.It is proposed to interpret it as a set of administrative-legal forms, methods and tools by which a set of control measures is determined, using which the state influences the activities of subjects and objects in the sphere of legal trafficking of narcotic drugs, psychotropic substances and precursors in order to reduce their non-medical consumption, their illicit trafficking, as well as related offenses. In the implementation of the administrative and legal regulation of such state control, its mechanism is of particular importance. The concept of “the mechanism of administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors” is established, its elements are analyzed. It was found that the elements of such a mechanism should include administrative-legal norms of law, administrative-legal relations, acts of interpretation and the implementation of legal norms, legal consciousness and legal culture.

EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

ІСТИННІСТЬ НОРМИ АДМІНІСТРАТИВНОГО ПРАВА: СУТНІСТЬ ТА ЗМІСТ КАТЕГОРІЇ

The aim is to determine the content and essence of such a property of the norms of administrative law as their truth on the basis of analyzing the opinions of individual legal scholars. Methods. The validity of the theoretical claims, recommendations for further academic research into the topic, the reliability of the results are ensured by the use of a set of philosophical, general and special scientific methods applied in legal research. The dialectical method of scientific knowledge is used as the main general scien tific method. Results. It is noted that the truth of the norm of administrative law is a condition for its effectiveness. It is pointed out that the degree of effectiveness of the administrative-legal norm depends on the completeness and accuracy of reflection in it of the material and spiritual social conditions. The more adequately the rules of the administrative law reflect the combination of social and personal interests, the processes of social development, the higher the effectiveness of administrative-legal norms is. Taking into consideration the fact that efficiency is the property of the norm of administrative law, which is based on its truth, the author has assumed that the criterion of such truth will be the degree of effectiveness of the legal norm, and indicators will be specific statistical data, confirming or refuting its effectiveness and, respectively, the truth. The opinion is expressed that the truth of the norms of administrative law, as a an absolutely evaluative category, does not have to imperatively reflect the interests of a particular citizen. This does not mean that in this case the author refuses the principle of the rule of law or interprets it somehow differently than other authoritative scholars. It is suggested when defining the essence of this category to start from identifying if the norm satisfies the needs of social development. The author has determined the truth of the administrative-legal norm in terms of the initial data, which reveal the social needs at a certain stage of development of society, namely: the level of development of economic and industrial relations, the state of the natural environment and ecology in general, the state of social and political institutions (family, education and science, medicine, judicial and law enforcement systems, public administration system, etc.), the status of an individual in the society and the level of protection of their rights and interests by the state, mentality, consciousness, worldview of the society, etc. Conclusions. Based on the results of the analysis performed, the author proposes to understand the truth of the norm of administrative law as its property, which characterizes the degree of compliance of the norm with the needs of social development, the full reflection in it of the public relations, regulated by administrative law

Поняття та структура адмiнiстративно-правового забезпечення оборони держави

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

АДМІНІСТРАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ У СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ: ОКРЕМІ АСПЕКТИ

The article is devoted to clarifying the specifics of administrative-legal regulation in the sphere of intellectual property at the present stage of reformation of the state system of legal protection of intellectual property in Ukraine. The administrative-legal regulation of public relations in the sphere of intellectual property is proposed to understand as the legal impact on these public relations, carried out using a complex of administrative-legal means, which is aimed at achieving the general goal of administrative-legal regulation in the process of ensuring the appropriate conditions for the creation, effective use, protection and defense of the intellectual potential of the nation in the interests of developing a competitive economy of Ukraine based on knowledge and innovation. It is noted that the administrative-legal regulation of relations in the sphere of intellectual property has features that are manifested in the specifics of administrative-legal norms, the goals of legal (administrative-legal) regulation, administrative-legal means that ensure its effectiveness, the institutional component of the organizational and legal mechanism in this sphere. The analysis of the legal framework of administrative-legal regulation of relations in the sphere of intellectual property is carried out. Particular attention is paid to the existing problems of the institutional system in this area, as well as the process of its reform in the context of the adoption of the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning the establishment of a national intellectual property body" dated June 16, 2020 No 703-IX. Attention is focused on the shortcomings of this regulatory legal act. It is concluded that increasing the level of efficiency of the regulatory framework, strengthening the institutional and functional capacity of public administration entities in the sphere of intellectual property, as the pivotal factors of the effectiveness of administrative-legal regulation in this area, is possible only if the principles of systematicity, expediency, validity and consistency are observed, as well as taking into account the interests of all subjects of public relations in the sphere of intellectual property.

Problem of 'blockade' and 'removal of blockade' of building land in the Republic of Serbia

The area of planning and building is an extremly important part of social life in each country, as well as in the Republic of Serbia. This area is regulated by administrative legal norms in large extend. After the adoption Act on the planning and building in 2009, the Constitutional Court declared unconstitutional the provision of Article 103, Paragraph 1 of the Law on the planning and building by his Decision No. IUZ-68/2013 from 10th October 2013. This decision led to a 'blockade' of building land in the Republic of Serbia. The exit from that situation was enabled by passing the Law on Amendments to the Law on Planning and Building in 2014. This important area of social life was significantly improved by those provisions. It could be expected that those roles will be usefull not only for citisens, but also for the Serbian economy as a whole.