关于将管理概念作为行政法范畴的可行性问题

Artem Solomaha, L. Borovyk
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引用次数: 0

摘要

本文专门讨论行政法术语以及将管理概念纳入其构成的可行性。研究发现,法律科学曾多次尝试在其术语中引入相关概念。文章指出,管理概念在科学文献中被广泛用于解释行政法现象和过程的属性,在国家行政立法中也被广泛使用。事实证明,具体文献中的大多数作品:a) 没有说明为什么管理范畴对行政法至关重要;b) 它有助于或阻碍解决行政法科学的哪些内部问题;c) 该范畴将如何与其他含义相近的概念--行政管理、公共行政、善治等--相关联。经济科学的代表们尚未就如何解释管理概念达成一致意见,这一结论已得到证实。不过,他们应该这样做,首先是为了进一步发展管理科学,其次是为了明确管理学相关教育课程的内容,因为乌克兰一直在对各级教育实施 "知识标准化"。研究表明,管理概念内容的科学方法失衡对管理科学客体和主体的最终定义以及面向相关专业大学生的相关教学材料产生了负面影响。根据对管理概念及其在行政法现象研究中的使用案例的分析,得出的结论是,管理是经济科学代表用来解释公共机关和地方自治政府内部组织活动特殊性的一个经济范畴。与此同时,所提出和解决的一系列问题完全是 "管理 "性质的,因此与行政法调节公共机 构内部组织关系的问题不相呼应或部分呼应。管理概念对于行政法术语以及行政法现象的研究没有方法论意义。
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ON THE FEASIBILITY OF USING THE CONCEPT OF MANAGEMENT AS A CATEGORY OF ADMINISTRATIVE LAW
The article is devoted to administrative law terminology and the feasibility of involving the concept of management in its composition. It has been found that legal science was subject to repeated attempts to introduce the relevant concept into its terminology. It is stated that the concept of management is widely used in scientific literature to explain the properties of administrative law phenomena and processes and in national administrative legislation. It is proved that most works available in specific literature: a) do not reason why the management category is essential for administrative law; b) what internal problems of administrative law science it helps or hinders to solve; c) how the category will correlate with other concepts close in meaning – administrative management, public administration, good governance, etc. It is substantiated the conclusion that representatives of economic sciences have not yet reached agreement on how to interpret the concept of management. However, they shall do it, firstly, for the further development of management science and secondly to clarify the content of the relevant educational programs in management, because Ukraine keeps implementing "knowledge standardization" for all levels of education. It was established that the imbalance of scientific approaches to the content of the management concept negatively affects the final definition of the object and subject of management science and the relevant teaching-learning materials intended for university students majoring in the specialty concerned. Based on the analysis of the concept of management and cases of its use in studies on administrative law phenomena, it was concluded that management is an economic category used by representatives of economic sciences to explain the peculiarities of internal organizational activities within public authorities and local self-government. At the same time, the range of issues and problems that are raised and solved are of an exclusively "managerial" nature and hence do not echo or partially echo ones of administrative law regulation of internal organizational relations within public authorities. The concept of management has no methodological significance for administrative law terminology and, thus, studies on administrative law phenomena.
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发文量
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审稿时长
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