Once again about Administrative Legal Relations

A. V. Kurakin
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Abstract

The article examines the phenomenon of administrative legal relations, analyzes the significance of this element of the mechanism of legal regulation, reveals the content of these relations, and also shows their diversity. The article also reveals three blocks of administrative legal relations – these are relations in the field of management; police relations, as well as relations related to the law of administrative justice. This approach is of a functional and substantive nature, reflecting the essence of administrative law. The author notes that the question of legal relations in general and administrative legal relations in particular is one of the most significant from the point of view of knowledge of the subject of legal regulation. This is due to the fact that the question of the subject of legal regulation is the question of the types of legal relations that fill its content. The author notes that in the doctrine of administrative law, it is no longer possible to formulate any new elements of administrative legal relations, this issue is theoretically developed and closed, nevertheless, the question of the types of administrative legal relations is not closed. The traditional approach to the definition of an administrative legal relationship is that this relationship develops in the field of public administration, but this is a very narrow approach, it does not disclose the entire content of the subject of administrative law. In addition to administrative relations, police relations and relations related to the protection and protection of citizens' rights (the law of administrative justice) find their place in the construction of the subject of administrative law. It is in this content that, according to the author, the subject of administrative law should be studied.
还是关于行政法律关系
本文通过对行政法律关系现象的考察,分析了行政法律关系这一法律调节机制要素的意义,揭示了行政法律关系的内容,并展示了行政法律关系的多样性。本文还揭示了行政法律关系的三大块:管理领域的行政法律关系;警察关系,以及与行政司法有关的法律关系。这种方式具有功能性和实体性,体现了行政法的本质。作者指出,从法律规制主体知识的角度来看,一般的法律关系问题,特别是行政法律关系问题是最重要的问题之一。这是因为法律规制的主体问题是构成其内容的法律关系类型的问题。笔者指出,在行政法学说中,已经不可能再制定新的行政法律关系要素,这个问题在理论上已经发展和封闭,但行政法律关系的类型问题却没有封闭。对于行政法律关系的定义,传统的方法是将这种关系发展于公共行政领域,但这是一种非常狭隘的方法,它没有揭示行政法主体的全部内容。在行政法主体的建构中,除了行政关系之外,警察关系和与公民权利的保护和保障有关的关系(行政正义法)也占有一席之地。笔者认为,正是在这一内容中,应该对行政法的主体进行研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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