行政法律规范的真实性:行政法律规范范畴的本质与内容

P. Liutikov
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引用次数: 1

摘要

目的是在分析个别法学家观点的基础上,确定行政法规范这一属性的内容和本质,即行政法规范的真理性。理论主张的有效性、对该主题进一步学术研究的建议、结果的可靠性都通过在法律研究中应用的一套哲学的、一般的和特殊的科学方法来保证。科学知识的辩证方法被用作主要的一般科学方法。指出行政法规范的真实性是行政法规范有效的条件。指出行政法律规范的有效性取决于行政法律规范反映社会物质和精神状况的完备性和准确性。行政法律规则越是充分地反映社会与个人利益、社会发展进程的结合,行政法律规范的有效性就越高。考虑到效率是行政法律规范的属性,而行政法律规范的属性是建立在其真实性的基础上的,笔者假设真实性的标准是法律规范的有效程度,指标是具体的统计数据,分别是对其有效性的肯定或否定,以及对其真实性的否定。笔者认为,行政法规范的真实性作为一个绝对可评价的范畴,并不一定要反映特定公民的利益。这并不意味着在这种情况下,作者拒绝法治原则或以某种不同于其他权威学者的方式解释法治原则。在界定这一范畴的本质时,建议从确定规范是否满足社会发展的需要入手。笔者根据初步数据确定了行政法律规范的真理性,它揭示了社会发展某一阶段的社会需求,即:经济和产业关系的发展水平、自然环境和生态的总体状况、社会和政治机构(家庭、教育和科学、医学、司法和执法系统、公共管理系统等)的状况、个人在社会中的地位以及国家对其权利和利益的保护水平、心态、意识、社会世界观等。在分析结果的基础上,笔者提出将行政法规范的真实性理解为行政法规范的属性,它表征着行政法规范对社会发展需求的顺应程度,是行政法规范的公共关系在行政法规范中的充分体现
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TRUTH OF THE NORM OF ADMINISTRATIVE LAW : ESSENCE AND CONTENT OF THE CATEGORY
The aim is to determine the content and essence of such a property of the norms of administrative law as their truth on the basis of analyzing the opinions of individual legal scholars. Methods. The validity of the theoretical claims, recommendations for further academic research into the topic, the reliability of the results are ensured by the use of a set of philosophical, general and special scientific methods applied in legal research. The dialectical method of scientific knowledge is used as the main general scien tific method. Results. It is noted that the truth of the norm of administrative law is a condition for its effectiveness. It is pointed out that the degree of effectiveness of the administrative-legal norm depends on the completeness and accuracy of reflection in it of the material and spiritual social conditions. The more adequately the rules of the administrative law reflect the combination of social and personal interests, the processes of social development, the higher the effectiveness of administrative-legal norms is. Taking into consideration the fact that efficiency is the property of the norm of administrative law, which is based on its truth, the author has assumed that the criterion of such truth will be the degree of effectiveness of the legal norm, and indicators will be specific statistical data, confirming or refuting its effectiveness and, respectively, the truth. The opinion is expressed that the truth of the norms of administrative law, as a an absolutely evaluative category, does not have to imperatively reflect the interests of a particular citizen. This does not mean that in this case the author refuses the principle of the rule of law or interprets it somehow differently than other authoritative scholars. It is suggested when defining the essence of this category to start from identifying if the norm satisfies the needs of social development. The author has determined the truth of the administrative-legal norm in terms of the initial data, which reveal the social needs at a certain stage of development of society, namely: the level of development of economic and industrial relations, the state of the natural environment and ecology in general, the state of social and political institutions (family, education and science, medicine, judicial and law enforcement systems, public administration system, etc.), the status of an individual in the society and the level of protection of their rights and interests by the state, mentality, consciousness, worldview of the society, etc. Conclusions. Based on the results of the analysis performed, the author proposes to understand the truth of the norm of administrative law as its property, which characterizes the degree of compliance of the norm with the needs of social development, the full reflection in it of the public relations, regulated by administrative law
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