The document discusses the transformation of the administrative law method in Ukraine. It begins by establishing the purpose of studying this transformation - to analyze how changes to the administrative law method have impacted legal relations and society.
It then explains that the administrative law method involves regulating relations through prescriptions, prohibitions, and permissions. However, this imperative method is being supplemented by elements of the dispositive method, which involves more freedom of will. A key change is the increased use of general permits, which grant citizens more rights arising from their constitutionally protected freedoms.
The conclusion summarizes that while the traditional administrative law method in Ukraine follows a "power-obedience" model, the ongoing transformation aims to further democrat
The document discusses the transformation of the administrative law method in Ukraine. It begins by establishing the purpose of studying this transformation - to analyze how changes to the administrative law method have impacted legal relations and society.
It then explains that the administrative law method involves regulating relations through prescriptions, prohibitions, and permissions. However, this imperative method is being supplemented by elements of the dispositive method, which involves more freedom of will. A key change is the increased use of general permits, which grant citizens more rights arising from their constitutionally protected freedoms.
The conclusion summarizes that while the traditional administrative law method in Ukraine follows a "power-obedience" model, the ongoing transformation aims to further democrat
The document discusses the transformation of the administrative law method in Ukraine. It begins by establishing the purpose of studying this transformation - to analyze how changes to the administrative law method have impacted legal relations and society.
It then explains that the administrative law method involves regulating relations through prescriptions, prohibitions, and permissions. However, this imperative method is being supplemented by elements of the dispositive method, which involves more freedom of will. A key change is the increased use of general permits, which grant citizens more rights arising from their constitutionally protected freedoms.
The conclusion summarizes that while the traditional administrative law method in Ukraine follows a "power-obedience" model, the ongoing transformation aims to further democrat
The purpose and objectives of the research It’s very important to know about the administrative law method transformation because it establishes a set of means, techniques and methods of regulating managerial relations, expresses the nature and legal content of the influence of the state on the will and behavior of participants of administrative and legal relations. This method is one of important characteristics of any field of law. It is proved that the transformation of the administrative method is aimed at further democratization of the relations between the state and the individual, without prejudice to one’s rights and freedoms. So, the purpose of the research is a comprehensive and extensive analysis of the administrative method and transformation of the administrative method to find out how the transformation of administrative law method affected legal relations and society. The general notion of the the administrative law method transformation The reform of administrative law as a fundamental area of public law at the current stage is associated with the transformation of many aspects of its key components, including updating its methods, formation of fundamentally new approaches and means of regulatory influence of administrative and legal norms, implementation of new social orientation of this field. The main methods of legal regulation in jurisprudence • imperative method of legal regulation (centralized, mandatory), which is based on the grounds of «power – obedience», relations of subordination of subjects and objects of management ( means of prohibition, disposition, coercion and legal responsibility are widely used in its implementation) • dispositive method of legal regulation (decentralized, autonomous), which is based on the legal equality of legal entities, their freedom of will expression in legal arrangements. It involves giving subjective rights such as authorization or permission to the party to legal relations. The primary methods are most clearly reflected in the administrative (imperative method) and civil (dispositive method). Due to this fact, these fields have acquired the status of leading or profiled ones from the legal point of view, and basic methods are classified as administrative and civil ones. The main features of the administrative law method transformation The administrative method is a set of ways, techniques and means of influence of the subjects of public administration on the objects of public administration, by means of which the legally authoritative and legally subordinated position of the parties to the legal relationship is established. Traditionally, the method of administrative law is characterized by the fact that it is implemented through: – the use of prescriptions (setting responsibilities); – setting prohibitions; – giving permissions. The essence of the transformation of administrative law method The essence of the transformation of administrative law method lies in the fact that imperative method of regulation is substantially supplemented, and in some cases replaced by elements of dispositive method. In particular, the use of general permits is becoming increasingly important, which can be considered as a key direction in the transformation of this method in this field of law, which is taking place in the current conditions of its development and reformation. The example of the use of general permits in administrative and legal regulation is to grant citizens a vast array of rights arising from citizens’ constitutional rights. The regulation of relations between executive authorities and citizens concerning enforcement of these rights establishes coordination, the essence of which lies in the following: on the one hand, citizens as subordinate entities are given the right to demand from executive authorities proper enforcement of rights and freedoms of citizens, on the other, – these entities are legally obliged to perform the above-mentioned requirements of citizens to the full extent. At the same time, the strict regime of observation by the subjects of executive power and their diligent performance of duties is ensured by the means of lodging administrative appeals of their acts and actions and judicial protection of rights and freedoms of citizens violated by these acts or actions. A convincing illustration of the significant change in the legal position of the parties of administrative and legal relations as a result of the transformation of the method of administrative law is a model of legal regulation of administrative services to citizens and legal entities as a new type of activity of executive bodies and bodies of local self – government. «Administrative services» is a new type of relations in which the authorities, their officials, is a format for assessing their relations with citizens or legal entities, and the other one is the provision of the same administrative services by the same subjects to the citizens and legal entities. The definition of « the service» emphasizes on the fulfillment of the duties of the state to individuals, aimed at the legal registration of the conditions necessary for ensuring the proper enforcement of their rights and the interests protected by law. Conclusion Therefore, to summarize the mentioned above the method of administrative law can be defined as a method of «power-obedience.» This method of administrative law is top priority. Almost all relations in the field of administrative law are built according to the scheme of «power-obedience» that is aimed at further democratization of relationships between the state and individual on the grounds of inviolability of his natural rights and freedoms.