Administrative Legal Relations Research Articles

Загальна характеристика адміністративно-правових відносин у сфері малої приватизації

Загальна характеристика адміністративно-правових відносин у сфері малої приватизації

Methods and Principles of Activity of Subjects of Administrative-Legal Relations in the Field of Urban Planning

Methods and Principles of Activity of Subjects of Administrative-Legal Relations in the Field of Urban Planning

Essence and features of administrative and legal regulation within administrative law of Ukraine

The essence and features of administrative and legal regulation, its purpose and correlation with other concepts within administrative law of Ukraine have been clarified.
 It has been emphasized that legal regulation provides mainly authoritative and management function; its result is the establishment of law and order in society, it focuses on constitutional law and carries out the legalization of the principles of law.
 It has been determined that administrative and legal regulation is the state’s activity in order to regulate social relations with the help of the norms of law.
 It has been revealed that administrative and legal regulation has the relevant features that distinguish it among other types of regulation, in particular: 1) it is a mean of influence of the state on social relations; 2) it is carried out with the help of legal means, which constitute the mechanism of administrative and legal regulation; 3) its purpose is to streamline the state and authoritative relations; 4) it establishes the rights and obligations of the participants in administrative and legal relations.
 The authors have carried out the differentiation of the concepts of administrative and legal regulation and administrative and legal provision. It has been established that administrative and legal provision is a guarantee for the realization, security and protection of human and citizen’s rights and freedoms within administrative and legal relations and represents a set of mechanisms, tools and methods provided by the current legislation, through which administrative and legal regulation is carried out.
 The objective of administrative and legal regulation has been determined – it is compliance with the state policy regarding the development of administrative legal relations, creation of effective administrative, legal, economic, organizational and procedural rules; ensuring the observance and protection of human rights and freedoms, as well as their effective protection in case of violation; prevention of offenses by the subjects of administrative relations.
 It has been concluded that during administrative and legal regulation there are relations concerning: 1) the realization of public interests of individuals and legal entities, as well as general and public interest of the state; 2) the implementation of imperative and authoritative competence of public administration agencies; 3) the observance of certain rules established by the state within administrative and legal norms.

Category «public service» as a scientific research object

The article is devoted to the study of the development of the concept of «public service» in an independent Ukraine. It was found out that since the beginning the concept of «management service» is one of the most widespread. From a legal point of view, a management service is the creation of organizational conditions for the realization of the right by a citizen or another subject of administrative-legal relations. Instead from the point of view of public administration, «management service» is a result of the functional activity of the state body in the development and implementation of state policy on the regulation of a particular sector of the economy or social life. It was established that in addition was used concepts of the similar content, which amplified the terminological uncertainty. As a result, an approach has been developed in which the services of public authorities are divided into four groups: state, municipal, administrative and public. In this approach, public services are divided into state and municipal, depending on the subject of the service, administrative services are provided both by executive authorities and local self-government. The only kind of public services found in the regulatory framework is administrative services. In the Law of Ukraine «On Administrative Services», the term administrative service is used as a result of exercising power by the subject of the providing of administrative services on the application of a natural or legal person, aimed at acquiring, changing or terminating the rights and / or duties of such person in accordance with the law. The process of formation, the concept of «public services» in independent Ukraine can be divided into four stages, the first of which is the stage of domination in the national scientific thought of the concept of «management services». The second stage is the division of services into separate groups - state, municipal, administrative, and all of these groups belong to one group of public services. The third stage (ongoing to date) is characterized by the consolidation and final formulation of the term «public services» as the basic concept of the system of providing services by public authorities. The fourth stage can only be predicted, nevertheless, it is essentially a logical continuation of these three stages, when the legal fixing of the concept takes place.

Деякі особливості адміністративно-правового статусу суб’єктів захисту дітей від впливу шкідливої інформації рекламного змісту

Purpose. The paper aims at analyzing subjects of administrative relations related to the child protection from harmful information as well as detecting disadvantages in this system. The author uses logical methods such as analysis, generalization and definition, and also formal juridical method. The author has assessed foreign best practices regarding solution of problems set up in this research. Methods. Certain proposals on improvement of the system of subjects in the sphere of child protection from harmful advertisement have been made. It has been proposed to establish an independent body which will specialize in protection of children from harmful advertisement. Researcher has also proposed to include self-regulation bodies to the system of subjects of the relevant legal relations. The author proves necessity to enlarge the list of subjects of advertising activities who bear responsibility for violation of advertising legislation and to add advertising agencies to this list. The results of the research stipulate institutional and functional reforms in public administration regarding child protection from harmful advertising. It will necessitate amendmentsto effective legislation as well as development, adoption and implementation of a new one. All of the mentioned steps should contribute to the effective protection of children in this sphere. Conclusions. The author has presented her own view of the definition “subjects of administrative legal relations” in this paper. It has been noted that it is impossible to make a holistic definition of the category “subjects of administrative legal relations in the sphere of child protection from harmful advertisement” taking into account various and complex elements of its structure. The author proposes her own solution to the problem related to the formation of the system of subjects of administrative legal relations in this sphere. Moreover, the author offers her own system of subjects of legal relations in the sphere of child protection from harmful advertisement.

Administrative legal relations in the field of use of military property: concept, kinds, features

Administrative legal relations in the field of use of military property: concept, kinds, features

PROBLEMS OF IMPROVING THE ADMINISTRATIVE AND LEGAL STATUS OF JUVENILE

The legal status of a juvenile child continues to be debatable in the science of administrative law. The authors in this article attempted to analyze some features of the administrative and legal status of juvenile child. Many scientists express an opinion on the actual awareness of the illegal acts committed by a minor, and a sense of impunity breeds the degradation of his consciousness, which in consequence can be expressed in the commission of this teenager administrative offenses and criminal offenses. Thus, on the basis of the analysis of the statistics of the Commission for the Affairs of Minors and the protection of their rights, it should be noted that the most frequent juveniles commit the following crimes: the appearance in public places in a state of intoxication (Article 20.21 of the Administrative Code of the Russian Federation) - 334 violations, drinking alcohol in prohibited places (article 20.20 of the Administrative Code of the Russian Federation) - 292 violations, tobacco smoking in certain territories (Article 6.24 of the Administrative Code of the Russian Federation) - 207 violations, minor theft (Article 7.27 of the Code of Administrative Offenses) - 163 violations, as well as traffic standards - 237 violations . The above statistics raises the question for society and the state: is it advisable to leave unattended and regulate the law of committing this offense by persons who have not reached the age of sixteen? Based on the foregoing, it can be concluded that studying the administrative and legal status of a minor and improving its legislative regulation will allow us to understand what place this category of subjects takes among other individual subjects in administrative legal relations. And also, it is necessary to consider more carefully at the legislative level the issue of a possible decrease in the age of bringing minors to administrative responsibility for the most frequent offenses, since this can increase the level of legal awareness of adolescents, as well as reduce the number of offenses committed by minors. And, of course, we can not ignore the fact that the productivity of working with this category of citizens depends on the good orientation of the police officer, his psychological preparation, a clear idea of the content of the work, and the specifics.

АДМІНІСТРАТИВНО-ПРАВОВИЙ СТАТУС СТОЛИЦІ УКРАЇНИ – МІСТА-ГЕРОЯ КИЄВА ЯК ГАРАНТІЯ РЕАЛІЗАЦІЇ ПРАВ ГРОМАДЯН УКРАЇНИ ТА ТЕРИТОРІАЛЬНОЇ ГРОМАДИ МІСТА

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

Implementation of a protective function of administrative law

The article is devoted to the problem of determination and implementation of a protective function of administrative law. It has been pointed out that the change of understanding of the subject of administrative law changed the vision of its functions essence, legal acts that regulate administrative and legal relations, but did not ensure the effective implementation of functions of the investigated field of law. The author made the research and suggested her own author’s definition of “implementation of the protective function of administrative law.” It has been pointed out that the protective function of administrative law operates continuously while administrative law and regulated by it legal relations exist, but the nature of its implementation may vary depending on behavior of subjects of administrative legal relations. It has been concluded that understanding of the implementation of the protective function of administrative law solely as enforcement activity due to violation of regulative rules is incomplete. The author believes that the implementation of this function should be understood as a phenomenon that consists of determination of measures of legal liability for administrative offences on the level of legislation, determination and effectiveness of law enforcement activity to bring offenders to administrative liability. The author analyzed the implementation of general and social functions by protective norms of administrative law. It has been concluded that protective norms of administrative law make their societal influence, id est perform informative, educational, evaluative and orientational functions. Also, the practical problem of the mentioned above function of administrative law implementation has been discovered on the example of the legislation of Ukraine. Evidence of a gap presence in legal understanding of the proper legislative act implementation by departments of National Police of Ukraine considering requests about administrative offences has been given. It has been concluded that there are general and special regimes to consider citizens’ appeals in Ukraine. The general procedure is based on the Law of Ukraine “On citizens’ appeals”, and the special is based on sectoral legal acts that detail a procedure for bringing offenders to legal liability. The general regime to appeal implements the constitutional right of citizens to address petitions, but it does not mean that this procedure replaces the procedure of administrative offences requests that has to be made in accordance with the Code of Ukraine about Administrative Offences. Also, the possible way to solve this problem has been suggested by amending the present Code of Ukraine about Administrative Offences. This proposition may be the additional guarantee of citizens’ rights and freedoms protection and ensure the effective implementation of the protective function of administrative law.

Administrative Law Mechanism Applied to Ensure Legitimacy in the Sphere of Ecology

The author believes that the administrative law framework for ensuring legitimacy in the environmental sphere is the system of administrative law tools through which an efficient protection of environment is ensured. Structurally it consists of administrative law norms, administrative legal relations and acts of administrative law application. Within the framework of the common description of ecology the author considers the issues that characterize operational effectiveness of the evolving regulatory and protective relations. The paper analyses how the legal framework of the Russian Federation in the sphere of ecology is functioning with due regard to the federal structure of the state. The author gives legal characterization to the effective legislation in accordance with a level of state governance in question (federal and regional levels), as well as at the local government level. The paper shows problematic issues and suggests ways to address them. In particular, according to the author, one of the issues that have a significant impact on the level of legitimacy in the environmental sphere is a drawback inherent for the Russian legislation in general - namely, implementation of a law enforcement process based on a wide range of regulations that often do not have the necessary systematic character and logical completeness. Conclusions and proposals are based on certain examples and analysis of statistical data. The author makes a reasoned conclusion that stability and quality of fixing social relations in laws directly influence the level of legitimacy in the sphere of ecology. In addition, frequent changes in modern Russian legislation and uncertainty in the regulation of social relations stemming from instability results in unreasonably frequent changes in the content and limits of the proper conduct of actors participating in emerging legal relations.

A New Monograph on Administrative Legal Relations in Ukraine

A New Monograph on Administrative Legal Relations in Ukraine

Protecting Human Rights Through Fundamental Principles of Administrative Procedures in Eastern Europe

Abstract Administrative procedures (APs) are tools to protect fundamental human rights in statecitizen relations. As the modernization of public administration regulation is undergoing a transformation in the direction of reducing detailed rules on APs and, by the same token, emphasizing fundamental or general principles, research on the development and the state of the art of administrative principles in the general administrative procedure acts (APAs) of selected Eastern Europe countries with a common heritage of Austrian law dating back to 1925 (Slovenia, Croatia, Macedonia and the Czech Republic) was carried out. The normative-comparative analysis reveals differences in approaches to and the pace of APAs reform and content; some countries are taking a more radical approach, mainly by following good governance dimensions. Convergence based on Council of Europe and EU initiatives is also evident. Classical guarantees against the misuse of power (principles of legality, equality, proportionality, rights of defense, etc.) are therefore crucial. The most progress seems to have been made by Croatia and the Czech Republic; by focusing on partnerships in administrative-legal relations in the sense of good administration, these two countries have, among other things, set a trend for other countries to follow.

As for the problem of interaction management military organization of the state in times of crisis in the system of administrative legal relations

As for the problem of interaction management military organization of the state in times of crisis in the system of administrative legal relations

Особенности административной процессуальной правосубъектности

The theoretical essence of the administrative process legal personality, the concepts of administrative capacity and capability are analysed, the legal status of the subjects of administrative law in the administrative legal process relations is grounded.

Legal guarantees of legality of administrative-legal relations that arise over land

Legal guarantees of legality of administrative-legal relations that arise over land