Презентація англійська (копія)

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Veronika Verbitska, Second-Year Law Student of

Ivan Franko University of Lviv


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.

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