Functional appointment of administrative-tort law in the Ukraine’s right system
Journal Title: Правова позиція - Year 2017, Vol 2, Issue
Abstract
The scientific article is devoted, firstly, to the discussion of the issues of jurisprudence on the place of administrative-tort law in the system of law of Ukraine. The conducted research points out that in the science of administrative law there is no single approach to the place of administrative-tort law in the system of law of Ukraine. This, in turn, prevents it from determining the functional role of administrative-tort law both within the system of law and externally, specifically, with the legal regulation of a certain group of social relations. It is concluded that no preconditions and grounds exist today for the allocation of an independent branch of law in the system of law of Ukraine “administrative-tort law”. This is explained by the fact that, firstly, the traditional criteria for the differentiation of the law in the industry are obsolete and do not work in relation to the newly formed sets of uniform rules of law, and secondly, there are no clear criteria for the delineation of the field of law, the sub-branch of law and the law institute, and thirdly, the subject of legal regulation is based on the allocation of all elements of the system of law, so it can not be the only criterion for the differentiation of law in the industry. Administrative-tort law as a legal institute of administrative law provides implementation of the protective function of the norms of administrative law. If, however, to consider administrative and tort law as an integral system that regulates a homogeneous group of social relations, among its functions should be allocated institutional, restrictive, preventive, human rights, punitive, educational and other functions
Authors and Affiliations
О. М. Миколенко
Keywords
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