HYPOTHESIS, DISPOSITION AND INCENTIVE AS CONSTITUENT ELEMENTS OF THE STRUCTURE OF ADMINISTRATIVE NORM
Journal Title: Порівняльно-аналітичне право - Year 2018, Vol 4, Issue
Abstract
The article determines the structure of the norms of administrative law based on a generalized analysis of scientific and periodicals sources. The author notes that it is reasonable and logical to recognize three-element structure of administrative norm. At the same time, he supports scientific provisions that along with the hypothesis (which, as a rule, is not formulated) and disposition (which is the main component of the norm), there is incentive, an element of the structure of the rule of administrative law, which in turn (depending on the nature of legal impact) is divided into rewards and sanctions. It is emphasized that the tendency to increase the number of norms with two-element structure (disposition and incentive), where dispositive dispositions and norms-rewards prevail over imperative dispositions and sanctions norms, is an essential feature of modern rule-making activities aimed at improving the efficiency of administrative and legal regulation.
Authors and Affiliations
A. Yu. Kondratiev
Keywords
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