THE PLACE AND FUNCTIONAL PURPOSE OF ADMINISTRATIVE PROCEDURAL NORMS IN THE CONTROL MECHANISM OF ADMINISTRATIVE PROCEDURAL LEGAL
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article are focused of the specific features of administrative procedural legal norms and features of mechanism of administrative procedural regulation; as a result the author has formulated conclusions useful for the theory of administrative procedural law in general. It is revealed that the existence of rules of administrative procedural law is determined by their functions (directions, types and forms of influence on social relations, which are the subject of administrative procedural law), which allows one to study more precisely the peculiarities of this type of procedural norms. The list of functions inherent in administrative-procedural norms is clarified and characterized. Updated nature, content, elemental composition and structure and functioning of the factors of mechanism of administrative procedural regulation, its legal property. For the first time it was determined that the mechanism of administrative procedural regulation can be represented as a dynamic set of interrelated and interacting in a certain sequence of procedural legal means implemented through a harmonious combination of dispositive and imperative methods of legal influence on behavior subjects of administrative procedural legal relations for the effective protection of rights, freedoms and interests of physical persons, rights and interests of legal entities from violations by the subjects of authority powers in the field of public-legal control. By analyzing the scientific works of legal theorists and specialists in procedural and other branches of law, the author first has revealed the place of administrative procedural legal norms in the mechanism of administrative procedural regulation.
Authors and Affiliations
І. А. Артеменко
Keywords
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