Essence and features of administrative and legal regulation within administrative law of Ukraine
The essence and features of administrative and legal regulation, its purpose and correlation with other concepts within administrative law of Ukraine have been clarified.
It has been emphasized that legal regulation provides mainly authoritative and management function; its result is the establishment of law and order in society, it focuses on constitutional law and carries out the legalization of the principles of law.
It has been determined that administrative and legal regulation is the state’s activity in order to regulate social relations with the help of the norms of law.
It has been revealed that administrative and legal regulation has the relevant features that distinguish it among other types of regulation, in particular: 1) it is a mean of influence of the state on social relations; 2) it is carried out with the help of legal means, which constitute the mechanism of administrative and legal regulation; 3) its purpose is to streamline the state and authoritative relations; 4) it establishes the rights and obligations of the participants in administrative and legal relations.
The authors have carried out the differentiation of the concepts of administrative and legal regulation and administrative and legal provision. It has been established that administrative and legal provision is a guarantee for the realization, security and protection of human and citizen’s rights and freedoms within administrative and legal relations and represents a set of mechanisms, tools and methods provided by the current legislation, through which administrative and legal regulation is carried out.
The objective of administrative and legal regulation has been determined – it is compliance with the state policy regarding the development of administrative legal relations, creation of effective administrative, legal, economic, organizational and procedural rules; ensuring the observance and protection of human rights and freedoms, as well as their effective protection in case of violation; prevention of offenses by the subjects of administrative relations.
It has been concluded that during administrative and legal regulation there are relations concerning: 1) the realization of public interests of individuals and legal entities, as well as general and public interest of the state; 2) the implementation of imperative and authoritative competence of public administration agencies; 3) the observance of certain rules established by the state within administrative and legal norms.
Busel V.T. (compositor and chief ed.), 2004. Great explanatory dictionary of modern Ukrainian language [Velykyi tlumachnyi slovnyk suchasnoi ukrainskoyi movy]. Kyiv; Irpin: Perun. Рp. 1020-1021.
Yakovchuk M.Yu., 2009. Administrative and legal regulation of insurance activity in Ukraine [Administratyvno-pravove rehuliuvannia strakhovoi diialnosti v Ukraini]. Ph.D. dissertation. National University of the State Fiscal Service of Ukraine.
Rabinovych P.M., 2001. Fundamentals of general theory of law and state [Osnovy zahalnoi teorii prava ta derzhavy]. 5th ed. Kyiv: Atika.
Gorosh Yu.V., 1998. Problems of legal regulation of tax relations in the system of government [Problemy pravovogo regulirovaniya nalogovykh otnoshenii v sisteme gosudarstvennogo upravleniya]. D.Sc. dissertation. Lomonosov Moscow State University.
Teremetskyi V.І., 2013. Administrative and legal regulation of tax relations in Ukraine [Administratyvno-pravove rehuliuvannia podatkovykh vidnosyn v Ukraini]. D.Sc. dissertation. Kharkiv National University of Internal Affairs.
Teremetskyi V.І., 2012. Tax relations in Ukraine [Podatkovi pravovidnosyny v Ukraini]. Kharkiv: Dysa plius.
Tikhomirov Yu.A., 2001. Full course of administrative law and process [Adminystrativnoe pravo i protsess: polnyi kurs]. Moscow: Yurinformtsentr.
Bytiak Yu.P., Bohutskyi V.V., Harashchuk V.M., Diachenko O.V. et al., 2000. Administrative law of Ukraine [Administratyvne pravo Ukrainy]. Kharkiv: Pravo. (Ed.: Bytiak Yu.P.).
Tatsyshyn I.B., 2009. Administrative and legal provision of information relations in the field of advertising [Administratyvno-pravove zabezpechennia informatsiinykh vidnosyn v haluzi reklamy]. Ph.D. dissertation. Lviv State University of Internal Affairs.
Halunko V.V., Olefir V.I., Pykhtin M.P., Onyshchuk O.O., Hrydasov Yu.V., Novikov M.M., Paliienko U.O., Domin I.A. and Yeshchuk O.M., 2010. Administrative law of Ukraine in modern conditions (challenges of the beginning of the XXI century) [Administratyvne pravo Ukrainy v suchasnykh umovakh (vyklyky pochatku ХХI stolittia)]. Kherson: Khersonska miska drukarnia. (Ed.: Halunko V.V.).
Vitkova V.S., 2017. Constitutional right on medical assistance and its legal provision in Ukraine [Konstytutsiine pravo na medychnu dopmohu ta yoho yurydychne zabezpechennia v Ukraini]. Ph.D. dissertation. Uzhhorod National University.
Melnychuk O.F., 2015. Constitutionally-legal providing of the right on education in Ukraine in the context of the European experience [Konstytutsiino-pravove zabezpechennia prava na osvitu v Ukraini v konteksti yevropeiskoho dosvidu]. Ph.D. dissertation. V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine.
Mordovets A.S., 2001. Guarantees of the rights of the individual: the concept and classification [Garantii prav lichnosti: ponyatie i klassifikatsiya]. In: Theory of state and law [Teoriya gosudarstva i prava]. 2nd ed. Moscow: Yuryst. P. 311. (Eds: Matuzov N.I. and Malko A.V.).
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