行政法:物质、程序和形式的组成部分

Yu. D. Kunev, O. Myronets
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摘要

本文的目的是分析和揭示阻碍行政法适用问题解决的理论计划和实践计划的问题,这些问题包含或与“实体法和程序法”和“规范实体法和程序法”的定义以及解决实践计划问题所需的理论建议的发展有关。研究方法。本文采用了一种综合的方法来创建一个对象的理论图景,并应用了关于对象本身和描述和描绘它的知识的“双重知识”的方法论方案;行政立法法学知识与理论知识的比较方法行政法新理论知识的概括与建模方法。结果。指出了行政法理论与实践进一步发展的问题,并提出了解决这些问题的理论途径。确立了行政法主体需要通过实体法规范和形式法规范,按照法律确定性的图式对行政活动进行建模和法律规制。实体法由描述物化对象的规则构成,规则的名称界定了行政法的基本制度。形式行政法由根据行政活动程序确定实体法形式化过程的规范组成,这些规范包括形式法的实体规范和过程规范。形式法的主要实体法规则包括公共条件和形式,它们作为法律手段决定了行政活动中主体的相互作用,并界定了私法和公法规范作用的范围。结论。它给出了基于理论立场的实践实施途径分为实体行政法和形式行政法,意味着形成一种行政程序作为包括司法在内的整个行政活动的单一标准。
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ADMINISTRATIVE LAW: MATERIAL, PROCESSUAL AND FORMAL COMPONENTS
The purpose of the paper is to analyze and disclose the issues of theoretical and practical plan that prevent the solution of administrative law legal applying issues, which contain or are connected with the definitions of “substantive and processual law” and “norms substantive and processual law” and the development of theoretical proposals needed to solve the problems of the practical plan. Research methods. The paper uses a comprehensive approach to creating a theoretical picture of the object and the application of the methodological scheme of “double knowledge” about the object as such and the knowledge that describes and depicts it; method of comparative legal and doctrinal knowledge of administrative legislation; method of generalization and modeling of new theoretical knowledge of administrative law. Results. Issues for the further development of theory and practice of administrative law are identified and a theoretical approach for their solution is suggested. It is established that the subject of administrative law requires modeling and legal regulation of an administrative activity according to the scheme of legal certainty by the norms of substantive and formal law. Substantive administrative law consists of rules that describe materialized objects, the title of which defines the basic institutions of administrative law. Formal administrative law consists of norms that determine the process of substantive law formalization according to the procedures of administrative activity, which consist of substantive and processual norms of formal law. The main substantive rules of formal law include public conditions and formalities, as legal means that determine the interaction of subjects in administrative activity and the delimitation of the spheres of norms effect for private and public law. Conclusions. It gives reasons for the position that the practical implementation of approaches based on the theoretical position of the division into substantive and formal administrative law, means the formation of an administrative procedure as a single standard for the whole administrative activity, including judicial.
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