THEORETICAL-LEGAL CHARACTERISTICS OF LEGAL CONFLICT IN LEGAL RELATIONS ON ADMINISTRATIVE SUPERVISION

Abstract

INTRODUCTION The need to formalize the implementation determinant of certain types of administrative supervision, in particular in the areas of public security and order, combating corruption and taking into account the implementation peculiarities of certain procedures of administrative supervision of the executive authorities, makes relevant the use of scientific potential of legal conflictology, which is of particular importance in administrative supervision’s context. The expediency of addressing the legal conflict in the relations with regard to administrative supervision by the state executive power organs from the appointment of supervision, which consists in establishing the degree compliance by a entity whose activity is a supervision item prescribed by the legislation. The legal conflict’s essence follows from its features, which are recorded in the current legislation in the form of special legal states, conflict situations, prohibitions, as well as violations of established legal requirements. This means that the existence of legal requirements and the obligation to comply with them is a conflicting factor affecting the legal relationship, as well as the administrative supervision of the state executive bodies. Selection of groups of administrative proceedings, which are based on the existence (absence) of a conflict of legal importance. Conflicts and nonconflicts proceedings are distinguished, and the latter’s subject are those in the course of which it is not obligatory to carry out a legal assessment of a person’s behavior in relevant legal relationships. Conflict proceedings are those that underpin administrative-legal conflict, and therefore the legal assessment of a person’s conduct in legal relationships. It is advisable to classify administrative supervision proceedings as conflicting, since their implementation involves the provision of a legal assessment as a result of inspections or other measures (e.g. monitoring).