Ukrainian administrative law

Administrative law of Ukraine is a homogeneous isolated in a system of jurisprudence legal matter, which is characterized as: 1) the branch of law, 2) science, 3) academic discipline.[1]

Administrative law of Ukraine as a branch of the law, a science and a discipline

In the judgment of Valentyn Galunko, the matter of the branch of the administrative law of Ukraine is the system of broad social relations between the public administration and the objects of public management, which arise in the sphere of authoritative-administrative activity, rendering of administrative services with the aim of public guaranteeing of rights and liberties of the person and the citizen and normal functioning of the civil society and the state, with the possibility of applying of measures of administrative compulsion and administrative responsibility to disturbers of the administrative-legal regulations. The foremost method of the administrative law is the administrative-legal method of legal regulation of social relations, the essence of which consists in the fact that the subject of the public management is empowered with authoritative competence, and the object is obliged to fulfill his legal requirements. Under the conditions of the democratic lawful state the mentioned method has lost authoritarian features, because it is balanced by strict compliance with legality by the public administration and by the possibility of the object of public management to appeal against his actions to several independent instances.[2]

An administrative-legal regulation is an established, approved or ratified by the state, officially defined, legally compulsory and protected by the means of state compulsion norm of behavior of participants of administrative-legal relations with the aim of guaranteeing of public rights and liberties of the person and the citizen and normal functioning of the civil society and the state. Administrative-legal relations is the form of social interaction of the public administration and the objects of public management, which arises on the grounds of the administrative-legal regulations, with the aim of guaranteeing of rights and liberties of the person and the citizen and normal functioning of the civil society and the state, the participants of which have subjective rights and bear legal liabilities. The administrative-legal relations have the structure characterized by interrelationship of all its constituents. Here belong subjects of legal relations, objects, legal facts and essence of legal relations.

Principles of the administrative law

The principles of the administrative law are the basic initial, impartially conditioned grounds, on which the activity of subjects of the administrative law is formed, the rights and liberties of the person and the citizen as well as normal functioning of the civil society and the state are guaranteed.

The mechanism of the administrative-legal regulation is the means of functioning of the common system of administrative-legal regulation with the aim of guaranteeing of rights, liberties and public legal interests of natural and legal persons and functioning of the civil society and the state. The administrative-legal regulation is the purposeful impact of regulations of the administrative law on social relations with the aim of guaranteeing with aid of administrative-legal measures of rights, liberties and public legal interests of natural and legal persons and normal functioning of the civil society and the state.

Sources of the administrative law

The source of the administrative law is the way of external registration of the administrative-legal regulations that verifies the state general obligation of authorities thereof (ways and forms of expression and strengthening of state liberty).

The subjects of the administrative law

The subjects of the administrative law are natural and legal persons, which have subjective rights and legal liabilities and which are empowered with specific legal properties connected as to the realization thereof. With regard to the structure of the public management, to the subjects of the administrative law belong both the subjects of public administration and the objects of public management.

Forms of the administrative law

The form of the administrative law is the external expression of similar by character and legal nature groups of administrative actions of the public administration, executed within the procedure of legality and competence for achievement of the administrative-legal aim – public guaranteeing of rights and liabilities of the person and the citizen and normal functioning of the civil society and the state.

Methods of the administrative law

Under the methods of the administrative law one understands the ways and modes of purposeful impact on the behavior of the participants of the administrative-legal relations. The main methods of the administrative law are persuasion and compulsion.

Public service is the activity on public positions, professional activity of courts, public prosecutors, military service, alternative (not military) service, diplomatic service, other state service, service in government authorities of the Autonomous Republic of Crimea and in local government authorities.

Execution in cases about administrative offenses

Execution in cases about administrative offenses is the special kind of activity of the district (municipal) court and the public administration as to execution of procedural actions on examining of the case about administrative offense and pronouncing of the resolution on it, which is directed to bringing to administrative responsibility of the persons, who have committed the administrative offenses.

The administrative-legal protection of rights, liberties and legal interests of natural and legal persons – is the legally applied and law-enforcement authoritative activity of the public administration as to solving of individual cases with the aim of prevention and renovation of the breach of rights, liberties and legal interests of natural and legal persons, reimbursement of losses to victims and bringing of guilty persons to administrative responsibility and/or creation of conditions for bringing of them to another kind of legal responsibility.

References

  1. ↑ Administrative law of Ukraine nowadays (the beginning of the 21st century): monograph. Edited by Valentyn Galunko. – Kherson, 2010. (in Ukrainian) ISBN 978-966-15-1034-9
  2. ↑ Administrative law of Ukraine as a branch of the law, a science and a discipline

Further reading

This article is issued from Wikipedia - version of the 3/2/2014. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.