亚美尼亚共和国行政法和行政法理论的发展问题(行政法的概念和主题、公法体系内的行政法、行政法的体系和科学)

R. Khandanian
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The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. 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The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. 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引用次数: 0

摘要

本研究的作者详细研究了亚美尼亚共和国行政法、行政和程序法、行政和行政主义的形成和发展问题(Khandanian, 2019)。研究的相关性。在亚美尼亚共和国宪法修正案(2015年12月6日)之后,系统保护个人权利和自由的综合机构成为行政和行政程序领域行政和法律监管机制的一部分,该修正案将个人权利和自由的法律保护确定为优先事项(亚美尼亚共和国宪法第3条和第2章)。当前,国家行政法科学正经历着对概念机构的反思、更新和补充。这一进程与亚美尼亚社会经济和法律制度的变化有关。与在亚美尼亚建立公民社会和法制国家有关的任务使得有必要重新审视许多行政和法律概念,这些概念在符合亚美尼亚共和国行政法和行政法科学发展的现代阶段方面已成为习惯。在国家法学体系中具有基础科学地位的行政法理论面临着复杂的挑战——修改和重新思考行政法中法律人格问题等基本概念的适用范围,以及行政的概念和内容、行政行为和法律行为、行政程序的目的和目的等。研究的目的是根据亚美尼亚社会发生的情况,发展现代行政法律和程序科学概念的基本规定。此外,本研究的目的是在我国进行改革的背景下,对行政法律和程序的理论问题进行全面的、相互关联的研究,将法律理论和实践转移到一个质的新地位。研究方法。研究的方法论基础包括现代科学方法论的规定、行政法理论和其他法学分支的最新工具和方法。在研究这一专题时,作者着重于在公共行政和行政程序领域工作的国家和国际理论家和实践者的研究成果。对行政法问题的系统分析使得对行政法和行政程序的属性进行深入的分析成为可能。作者还运用了科学的认知方法,逻辑的分析、综合、概括、比较、抽象等方法。根据笔者的研究,任何国家和法律问题的分析,包括行政法律和程序问题,都应该在法治国家的概念基础上进行。本研究的主要成果。在亚美尼亚社会发展的现代时期,实施行政法规范是国家和法律活动最紧迫的任务之一。行政和法律规范对亚美尼亚共和国的整个社会和每一个公民都是至关重要的,特别是通过其机构有关确保公民和经济实体在公共行政领域的权利和合法利益的管理行为。行政法规范在国家机器的规范、组织和运作中发挥着重要作用,确保通过行政程序和行政法规在公共行政领域正确、及时地界定积极关系。在这方面,作者着重讨论了亚美尼亚共和国政治和法律现代化以及行政法律和程序完善的关键问题。特别是揭示了亚美尼亚共和国行政法主体的内容和特点、行政法在公法体系中的地位、行政法体系和行政法科学。根据研究目的进行的工作,作者得出了一些结果和结论,这些结果和结论可能反映了亚美尼亚共和国行政法和行政程序发展的主要趋势,我们认为,这些结果和结论将有助于丰富行政法和行政程序科学的概念机构。 亚美尼亚立法的完善和修订、亚美尼亚共和国进行的社会经济和政治改革以及行政机构的改革对行政法科学产生了重大影响。该研究的作者认为,几乎不可能找到一个不受行政和法律影响的公共关系领域。研究还关注了行政程序、行政、合法性、行政公正、行政法关联、程序、行政、执法实践关联等问题。我们的研究表明,与苏联法学中普遍存在的行政法规制方法的绝对化不同,意见的多样性体现在法律思维和作为研究对象的包括行政法和程序在内的法学主体的整合上,体现在预先确定行政法和程序的主体内容、体系和结构的变化上。系统地研究行政法的基本制度,加深了我们对行政法律和行政程序的社会性质的认识,使我们能够更深入地研究个别制度和行政类别,以文明社会的目标为导向发展。由于国家发生的变化,行政法律和程序的制度和结构以及行政法的正式来源(例如司法和行政先例)也发生了变化。该研究的作者强调了建立一个适当的哲学、法律和意识形态范式的重要性,以发展行政法律意识和世界观,在亚美尼亚共和国政治制度现代化的背景下确保亚美尼亚社会的法律稳定,并宣布改革,基于现代民主法律的关键原则,尊重和保护人权和自由。在本书中形成的以下结论是,对行政法学的理论理解至少可以说是不一致的;这是行政法理论的主要问题,笔者认为,这个问题可以通过立法改革来解决(例如,通过新的《行政犯罪法》等)。笔者认为,可以说,行政立法和行政程序法的重要性,以及行政法律的规范,吸引和吸引着学者和实践者的关注。从法学发展的当前趋势来看,行政法科学在未来将继续向纵深方向发展。
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PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT
The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019). The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia). The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.
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