论“陈述”作为行政法申诉类型的概念

Elizaveta Mayakova
{"title":"论“陈述”作为行政法申诉类型的概念","authors":"Elizaveta Mayakova","doi":"10.35750/2071-8284-2023-2-79-86","DOIUrl":null,"url":null,"abstract":"Introduction. Successful implementation by a citizen of his constitutional right is possible only in case of the effective functioning of the existing mechanism for considering the relevant types of appeals and responding to them. The article considers the concept and essential features of the statement as type of appeals to public authorities. Their clarification is especially relevant for the internal affairs bodies, \nsince employees of the departments and services of the system of the Ministry of Internal Affairs of Russia at all levels take part in the consideration and resolution of citizens’ appeals. \nMethods. The analysis of the concept of “statement” as a legal term, the content of which is revealed in the norm enshrined in administrative legislation, is based on the methodological approach about the elements of the uniform legal regulation and the types of legal regulation derived from them, developed by V.D. Sorokin. This methodological approach made it possible to formulate the author’s definition of the term ”statement” as a type of appeal, to propose the author’s classification of its subspecies, to clarify their legal nature and content. \nResults. All statements are divided into three subspecies: 1) aimed at the implementation of permissions, 2) associated with violation of prohibitions or failure to comply with instructions, or 3) due to poor-quality execution of instructions. The developed classification contributes to a deeper understanding of the typologies of statements, allows determining the most optimal procedure for their consideration and resolution, taking into account the requirements contained in the system of the Ministry of Internal Affairs of Russia regulations. Based on the theoretical heritage of V.D. Sorokin, the author’s definition of the theoretical construction of the term “statement” was developed on the basis of the elements of the uniform legal regulation in relation to the system of Internal Affairs bodies.","PeriodicalId":43418,"journal":{"name":"Vestnik St Petersburg University-Mathematics","volume":null,"pages":null},"PeriodicalIF":0.4000,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On the concept of «statement» as a type of appeal under administrative law\",\"authors\":\"Elizaveta Mayakova\",\"doi\":\"10.35750/2071-8284-2023-2-79-86\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. Successful implementation by a citizen of his constitutional right is possible only in case of the effective functioning of the existing mechanism for considering the relevant types of appeals and responding to them. The article considers the concept and essential features of the statement as type of appeals to public authorities. Their clarification is especially relevant for the internal affairs bodies, \\nsince employees of the departments and services of the system of the Ministry of Internal Affairs of Russia at all levels take part in the consideration and resolution of citizens’ appeals. \\nMethods. The analysis of the concept of “statement” as a legal term, the content of which is revealed in the norm enshrined in administrative legislation, is based on the methodological approach about the elements of the uniform legal regulation and the types of legal regulation derived from them, developed by V.D. Sorokin. This methodological approach made it possible to formulate the author’s definition of the term ”statement” as a type of appeal, to propose the author’s classification of its subspecies, to clarify their legal nature and content. \\nResults. All statements are divided into three subspecies: 1) aimed at the implementation of permissions, 2) associated with violation of prohibitions or failure to comply with instructions, or 3) due to poor-quality execution of instructions. The developed classification contributes to a deeper understanding of the typologies of statements, allows determining the most optimal procedure for their consideration and resolution, taking into account the requirements contained in the system of the Ministry of Internal Affairs of Russia regulations. Based on the theoretical heritage of V.D. Sorokin, the author’s definition of the theoretical construction of the term “statement” was developed on the basis of the elements of the uniform legal regulation in relation to the system of Internal Affairs bodies.\",\"PeriodicalId\":43418,\"journal\":{\"name\":\"Vestnik St Petersburg University-Mathematics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-06-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Vestnik St Petersburg University-Mathematics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.35750/2071-8284-2023-2-79-86\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"MATHEMATICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Vestnik St Petersburg University-Mathematics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.35750/2071-8284-2023-2-79-86","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"MATHEMATICS","Score":null,"Total":0}
引用次数: 0

摘要

介绍。只有在审议有关类型的上诉并对其作出回应的现有机制有效运作的情况下,公民才有可能成功地行使其宪法权利。文章分析了作为公共权力申诉类型的陈述的概念和基本特征。这些申诉的澄清对内务机构尤其重要,因为俄罗斯内务部系统各部门和服务的各级雇员都参与审议和解决公民的申诉。方法。“陈述”作为一个法律术语的概念,其内容体现在行政立法的规范中,对这一概念的分析是基于索罗金提出的关于统一法律规制要素及其衍生的法律规制类型的方法论方法。这种方法使发件人能够将“陈述”一词定义为一种申诉,提出发件人对其亚种的分类,澄清其法律性质和内容。结果。所有的语句被分为三个亚种:1)针对权限的实现,2)与违反禁令或未能遵守指令有关,或3)由于执行指令的质量差。开发的分类有助于更深入地了解陈述的类型,允许确定最优的审议和解决程序,同时考虑到俄罗斯内务部法规系统中包含的要求。本文以索罗金的理论遗产为基础,在内务机关制度统一法律规制要素的基础上,对“声明”一词的理论建构进行了界定。
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
On the concept of «statement» as a type of appeal under administrative law
Introduction. Successful implementation by a citizen of his constitutional right is possible only in case of the effective functioning of the existing mechanism for considering the relevant types of appeals and responding to them. The article considers the concept and essential features of the statement as type of appeals to public authorities. Their clarification is especially relevant for the internal affairs bodies, since employees of the departments and services of the system of the Ministry of Internal Affairs of Russia at all levels take part in the consideration and resolution of citizens’ appeals. Methods. The analysis of the concept of “statement” as a legal term, the content of which is revealed in the norm enshrined in administrative legislation, is based on the methodological approach about the elements of the uniform legal regulation and the types of legal regulation derived from them, developed by V.D. Sorokin. This methodological approach made it possible to formulate the author’s definition of the term ”statement” as a type of appeal, to propose the author’s classification of its subspecies, to clarify their legal nature and content. Results. All statements are divided into three subspecies: 1) aimed at the implementation of permissions, 2) associated with violation of prohibitions or failure to comply with instructions, or 3) due to poor-quality execution of instructions. The developed classification contributes to a deeper understanding of the typologies of statements, allows determining the most optimal procedure for their consideration and resolution, taking into account the requirements contained in the system of the Ministry of Internal Affairs of Russia regulations. Based on the theoretical heritage of V.D. Sorokin, the author’s definition of the theoretical construction of the term “statement” was developed on the basis of the elements of the uniform legal regulation in relation to the system of Internal Affairs bodies.
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
CiteScore
0.70
自引率
50.00%
发文量
44
期刊介绍: Vestnik St. Petersburg University, Mathematics  is a journal that publishes original contributions in all areas of fundamental and applied mathematics. It is the prime outlet for the findings of scientists from the Faculty of Mathematics and Mechanics of St. Petersburg State University. Articles of the journal cover the major areas of fundamental and applied mathematics. The following are the main subject headings: Mathematical Analysis; Higher Algebra and Numbers Theory; Higher Geometry; Differential Equations; Mathematical Physics; Computational Mathematics and Numerical Analysis; Statistical Simulation; Theoretical Cybernetics; Game Theory; Operations Research; Theory of Probability and Mathematical Statistics, and Mathematical Problems of Mechanics and Astronomy.
期刊最新文献
Solution of the Local-Boundary-Value Problem of Control for a Nonlinear Stationary System Taking into Account Computer System Verification On the Approximation of the Attraction Field of a Rigid Body by the Attraction Field of Four Material Points of the Same Mass Rigid-Body Dynamics from the Euler Equations to the Attitude Control of Spacecraft in the Works of Scientists from St. Petersburg State University. Part 2 Regression Models for Calculating State-to-State Coefficients of the Rate of Vibrational Energy Exchanges Astronomical Research at the Mathematics Faculty of St. Petersburg University, I
×
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