国家协调职能在反腐败斗争中的行政性质的历史与法律分析

H. Lukianova
{"title":"国家协调职能在反腐败斗争中的行政性质的历史与法律分析","authors":"H. Lukianova","doi":"10.23939/law2023.37.158","DOIUrl":null,"url":null,"abstract":"The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"29 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Historical and legal analysis of the administrative nature of the state coordination function in corruption counteraction\",\"authors\":\"H. Lukianova\",\"doi\":\"10.23939/law2023.37.158\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.\",\"PeriodicalId\":421282,\"journal\":{\"name\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"volume\":\"29 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.23939/law2023.37.158\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.23939/law2023.37.158","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文在分析行政法学理论成果的基础上,对各种历史和法学观点对国家行政-法律和协调职能的概念和特征的科学意义进行了考察和理论概括。本文分析了历史法律规定和行政法律规定在反腐败主体间协调方面存在的问题。值得注意的是,腐败的出现和试图打击这一现象的历史与文明史和国家的出现有着千丝万缕的联系,因此,试图在国家层面上打击腐败的历史至少有4500年的历史。值得强调的是,即使在我们这个时代开始之前,在大多数发达国家,即使不是一个成熟的反腐败机制,至少也是一个对腐败犯罪的惩罚制度。在过去的一千年里,解决腐败问题的几十种方法发生了变化。然而,腐败在当今世界每个国家都是一个普遍的概念,有效的对策问题仍然是相关的。很明显,国家在反腐败中的协调作用并不是一个专门的理论范畴,而是以主体行使国家权力的具体行政和法律形式来实现的。此外,在以前以下属实体(国家行政当局和所有其他被管理主体,特别是经济实体)之间的直接管理关系为特征的领域,协调应取代国家的影响。同时,考虑到研究的历史分析,国家利益的重要性既发生在法律上完全平等的主体的情况下,也发生在这种平等是有条件的、存在于个人特定关系中的关系中。国家的协调作用是国家的一种特殊功能,它首先表现在国家机器的活动上,其次表现在用适当的管理方法调节社会关系上。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Historical and legal analysis of the administrative nature of the state coordination function in corruption counteraction
The research paper examines and carries out atheoretical generalization of the scientific importance of various historical and legal views on the concepts and features of the administrative-legal and coordination function of the state based on the analysis of achievements in the legal doctrine of administrative law. The problematic aspects of historical-legal and administrative-legal provisions of the coordination between the entities of the corruptioncounteraction are analyzed in the article. It is noted that the history of the corruption emergence and attempts to combat this phenomenon is inextricably linked with the history of civilizations and the emergence of the state, thus, the history of attempts to counteract corruption at the state level is at least four and a half thousand years old. It is worth emphasizing that even before the beginning of our era, in the most developed states attempts were made to form, if not a full-fledged anti-corruption mechanism, then at least a system of punishments for corruption offenses. Over the past millennia, dozens of approaches to solving the problem of corruption have changed. However, corruption is a widespread notion in every country of the world nowadays, and the issue of effective countermeasures remains relevant. It becomes obvious that the coordination role of the state in corruption counteraction is not an exclusively theoretical category that is implemented in specific administrative and legal forms under which subjects exercise their state-authority powers. In addition, coordination should replace state influence in the areas whichpreviously were characterized by direct management relations between subordinate entities - state administration authorities and all other managed subjects, in particular economic entities. At the same time, taking into account historical analysis of the research, the importance of state interests occurs both in the case of fully legally equal subjects, and in relationships where such equality is conditional and exists in individual specific relationships. The coordination role of the state is a special function of the state, which is manifested, firstly, in the activity of the state apparatus, and secondly, in the regulation of social relations using the appropriate management method.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Canonical pedagogy in metaphysical law Peculiarities of the introduction of the joint transit procedure in Ukraine Cyber security of the banking sector of Ukraine: concepts, problems and experience of foreign countries Measures to ensure the institutional independence of the judiciary The role of higher government bodies in European integration processes of Ukraine
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1