公共服务研究所系行政法系

L. Martynova
{"title":"公共服务研究所系行政法系","authors":"L. Martynova","doi":"10.17721/2227-796x.2022.3.07","DOIUrl":null,"url":null,"abstract":"The article is devoted to the analysis of the institute of public services as an element of administrative law system. The author analyzes the doctrinal sources of the system of administrative law and puts forward the author’s judgments on the formation of the modern system of administrative law. The purpose of this article is to identify the main features of public relations arising in the field of public services and determine the place of the institute of public services in the system of administrative law. In order to achieve this goal, the author analyzes the existing studies devoted to the study of both the system of law in general and the system of administrative law in particular. The methodological basis of this article is a combination of general scientific methods of knowledge, the formal-legal method as well as the comparative legal method. Result. Analyzing the concept of the system of law and the system of legislation, the author concludes that in forming the content of these categories, first of all, it is necessary to establish the stage of development of the state and the types of legal understanding developed in legal science. The author notes that in a state governed by the rule of law, where the individual, his rights and freedoms are of supreme value, the widespread theory of legal positivism must give way to a theory of natural law that allows the distinctive features of the concepts in question to be established. The author has used doctrinal sources as well as law enforcement practice to identify the main characteristics of public services and the criteria for classifying a legal norm in the administrative law system. Having clarified the purpose and objectives of modern administrative law, the author justifies the idea that public service activities are a favourable form of public administration. The purpose of which is to assist individuals in exercising their rights, freedoms and satisfaction of legitimate interests. As a result of the research, it is noted that such relations arise primarily on the basis of general administrative law norms, which leads to the conclusion that the totality of such legal norms should be combined into a legal institute in the system of general administrative law. Conclusion. The author concludes that the modern development of law in general, and administrative law in particular, requires rethinking and allocation in the general administrative law system of the new institute, which may be called – Institute of public services.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"289 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"INSTITUTE OF PUBLIC SERVICES IN THE SYSTEM OF ADMINISTRATIVE LAW\",\"authors\":\"L. Martynova\",\"doi\":\"10.17721/2227-796x.2022.3.07\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article is devoted to the analysis of the institute of public services as an element of administrative law system. The author analyzes the doctrinal sources of the system of administrative law and puts forward the author’s judgments on the formation of the modern system of administrative law. The purpose of this article is to identify the main features of public relations arising in the field of public services and determine the place of the institute of public services in the system of administrative law. In order to achieve this goal, the author analyzes the existing studies devoted to the study of both the system of law in general and the system of administrative law in particular. The methodological basis of this article is a combination of general scientific methods of knowledge, the formal-legal method as well as the comparative legal method. Result. Analyzing the concept of the system of law and the system of legislation, the author concludes that in forming the content of these categories, first of all, it is necessary to establish the stage of development of the state and the types of legal understanding developed in legal science. The author notes that in a state governed by the rule of law, where the individual, his rights and freedoms are of supreme value, the widespread theory of legal positivism must give way to a theory of natural law that allows the distinctive features of the concepts in question to be established. The author has used doctrinal sources as well as law enforcement practice to identify the main characteristics of public services and the criteria for classifying a legal norm in the administrative law system. Having clarified the purpose and objectives of modern administrative law, the author justifies the idea that public service activities are a favourable form of public administration. The purpose of which is to assist individuals in exercising their rights, freedoms and satisfaction of legitimate interests. As a result of the research, it is noted that such relations arise primarily on the basis of general administrative law norms, which leads to the conclusion that the totality of such legal norms should be combined into a legal institute in the system of general administrative law. Conclusion. The author concludes that the modern development of law in general, and administrative law in particular, requires rethinking and allocation in the general administrative law system of the new institute, which may be called – Institute of public services.\",\"PeriodicalId\":7222,\"journal\":{\"name\":\"Administrative law and process\",\"volume\":\"289 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative law and process\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/2227-796x.2022.3.07\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative law and process","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/2227-796x.2022.3.07","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

本文对作为行政法制度组成部分的公共服务制度进行了分析。本文分析了行政法制度的理论渊源,并对现代行政法制度的形成提出了自己的判断。本文的目的是确定公共服务领域中出现的公共关系的主要特征,并确定公共服务研究所在行政法体系中的地位。为了实现这一目标,笔者对现有的法律体系研究和行政法体系研究进行了分析。本文的方法论基础是一般科学的知识方法、形式法律方法和比较法律方法的结合。结果。通过对法律制度和立法制度概念的分析,笔者认为,在形成这些范畴的内容时,首先需要确定国家发展的阶段和法学发展的法律认识类型。作者指出,在一个法治国家,个人及其权利和自由具有至高无上的价值,广泛的法律实证主义理论必须让位于自然法理论,自然法理论允许所讨论的概念的独特特征得以确立。作者运用理论资料和执法实践来确定公共服务的主要特征和行政法律体系中法律规范的分类标准。在澄清了现代行政法的宗旨和目标之后,作者证明了公共服务活动是一种有利的公共行政形式的观点。其目的是协助个人行使其权利、自由和满足其合法利益。研究结果表明,这种关系主要是在一般行政法规范的基础上产生的,从而得出这样的结论:这些法律规范的整体应该被合并为一般行政法体系中的一个法律机构。结论。笔者认为,现代法律的发展,特别是行政法的发展,需要对新机构——公共服务机构——的总体行政法体系进行反思和配置。
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
INSTITUTE OF PUBLIC SERVICES IN THE SYSTEM OF ADMINISTRATIVE LAW
The article is devoted to the analysis of the institute of public services as an element of administrative law system. The author analyzes the doctrinal sources of the system of administrative law and puts forward the author’s judgments on the formation of the modern system of administrative law. The purpose of this article is to identify the main features of public relations arising in the field of public services and determine the place of the institute of public services in the system of administrative law. In order to achieve this goal, the author analyzes the existing studies devoted to the study of both the system of law in general and the system of administrative law in particular. The methodological basis of this article is a combination of general scientific methods of knowledge, the formal-legal method as well as the comparative legal method. Result. Analyzing the concept of the system of law and the system of legislation, the author concludes that in forming the content of these categories, first of all, it is necessary to establish the stage of development of the state and the types of legal understanding developed in legal science. The author notes that in a state governed by the rule of law, where the individual, his rights and freedoms are of supreme value, the widespread theory of legal positivism must give way to a theory of natural law that allows the distinctive features of the concepts in question to be established. The author has used doctrinal sources as well as law enforcement practice to identify the main characteristics of public services and the criteria for classifying a legal norm in the administrative law system. Having clarified the purpose and objectives of modern administrative law, the author justifies the idea that public service activities are a favourable form of public administration. The purpose of which is to assist individuals in exercising their rights, freedoms and satisfaction of legitimate interests. As a result of the research, it is noted that such relations arise primarily on the basis of general administrative law norms, which leads to the conclusion that the totality of such legal norms should be combined into a legal institute in the system of general administrative law. Conclusion. The author concludes that the modern development of law in general, and administrative law in particular, requires rethinking and allocation in the general administrative law system of the new institute, which may be called – Institute of public services.
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
SOME ISSUES OF INSTANCE JURISDICTION OF ADMINISTRATIVE COURTS REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW THE LEGAL ESSENCE OF THE ELECTRONIC EVIDENCE IN THE ADMINISTRATIVE PROCEDURE: A BRIEF COMPARATIVE HISTORICAL AND LEGAL ANALYSIS PECULIARITIES OF DETERMINING THE LEGAL STATUS OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE AS A SUBJECT OF PUBLIC ADMINISTRATION THE LAW ON FOOD SECURITY OF UKRAINE AS A LEGAL BASIS OF PUBLIC ADMINISTRATION IN THE FIELD OF ENSURING FOOD SECURITY
×
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