Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity

Keywords: legal restrictions, administrative restrictions, administrative restrictions of economic activity, economic activity, legal regulation.

Abstract

The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion.

Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions.

Downloads

Download data is not yet available.

Author Biography

M. V. Starynskyi, Educational and Scientific Institute of Law of Sumy State University

Doctor of Juridical Sciences, Docent. Department of administrative, economic law and financial and economic security (professor).

References

Moskalenko T.O., 2012. Constitutional and legal grounds for restricting the rights and freedoms of man and citizen in order to ensure the security of the Russian Federation [Konstitutsionno-pravovye osnovaniya ogranicheniya prav i svobod cheloveka i grazhdanina v tselyakh obespecheniya bezopasnosti Rossiiskoi Federatsii]. Abstract of Ph.D. dissertation. Moscow.

Kondrashev A.A., 2014. Restrictions on constitutional rights in the Russian Federation: theoretical approaches and political and legal practice [Ogranicheniya konstitutsionnykh prav v Rossiiskoi Federatsii: teoreticheskie podkhody i politiko-pravovaya praktika]. Konstitucionnoe i municipalʹnoe pravo – Constitutional and Municipal Law, No. 7, pp. 40-47.

Morozova L.A., 2008. Principles, limits, grounds for restriction of human rights and freedoms under Russian law and international law [Printsipy, predely, osnovaniya ogranicheniya prav i svobod cheloveka po rossiiskomu zakonodatel`stvu i mezhdunarodnomu pravu]. Gosudarstvo i pravo – State and Law, No. 7, pp. 39-70.

Malko A.V., 1995. Incentives and restrictions in law (theoretical and informational aspect) [Stimuly i ogranicheniya v prave (teoretiko-informatsionnyi aspekt)]. Abstract of D.Sc. dissertation. Saratov State Academy of Law.

Kruss V.I., 2007. Theory of constitutional law enforcement [Teoriya konstitutsionnogo pravopol`zovaniya]. Moscow: NORMA.

Averianov V.B. (ed.) et al., 2004. Administrative law of Ukraine. Academic course [Administratyvne pravo Ukrainy. Akademichnyi kurs]. Kyiv: Yurydychna dumka.

Kolomoiets T.O., 2011. Administrative law of Ukraine. Academic course [Administratyvne pravo Ukrainy. Akademichnyi kurs]. Kyiv: Yurinkom Inter.

Komziuk A.T., Bevzenko V.M. and Melnyk R.S., 2007. Administrative process of Ukraine [Administratyvnyi protses Ukrainy]. Kyiv: Pretsedent.

Chorna V.H., 2018. Legal nature, concepts and signs of administrative and legal restrictions [Yurydychna pryroda, poniattia ta oznaky administratyvno-pravovykh obmezhen]. Naukovij vìsnik Mìžnarodnogo gumanìtarnogo unìversitetu. Serìâ Ûrisprudencìâ – Scientific Herald of International Humanitarian University, No. 33, pp. 56-59.

Published
2020-12-20
How to Cite
Starynskyi, M. V. (2020) “Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity”, Bulletin of Kharkiv National University of Internal Affairs, 91(4), pp. 193-201. doi: 10.32631/v.2020.4.18.
Section
Administrative Law and Procedure; Financial Law