“公共服务”概念的理论定义

I. Lutsiv
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引用次数: 0

摘要

这篇文章讨论了定义“公共服务”的理论方法。确定了该概念的法律性质,并制定了其定义。作者分析了这些服务的当前运行状态。本文调查了有关“公共服务”、“国家服务”和“行政服务”定义的现行立法。对“服务”、“公共服务”、“行政服务”等概念本质的理论发展进行了考察。公共服务是一个全面和多方面的现象;它们可以从福利服务、功能、法律关系、程序、权利客体、市场等方面进行考察。公共服务被认为是在提供公共服务过程中执行一系列关系的活动。公共服务是一项法定的强制性执法活动,指的是主管国家执行机构的权力,目的是行使发起这项活动的个人和法人实体的权利或合法利益,由有关预算提供资金。如果不对问题的关键和相关问题进行科学的研究,就不能有效地执行“公共服务”概念的理论定义的目的。由于对立法的修正意义重大,毫无疑问,今后最好以一项特别法的形式确立非行政性公共服务的行政和法律基础。法律的内容应包括公共服务的概念,该概念可以根据提供服务的组织机制区分具有公共意义的活动类型来制定;法律关系参与人的构成;承认个人接受公共服务的主观公共权利;公共服务原则。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
DOCTRINAL DEFINITIONS OF THE CONCEPT OF "PUBLIC SERVICES"
The article deals with the doctrinal approaches to the definition of "public services". The legal nature of the concept is determined and its definition is formulated. The author analyzes the current state of functioning of these services. The current legislation concerning the definition of "public service", "state service", and "administrative service" is investigated. The theoretical developments on the essence of the concepts "service", "public service", and "administrative service" are considered. Public services are a comprehensive and multifaceted phenomenon; they can be examined as welfare services, functions, legal relations, process, object of rights, market. Public services are considered as an activity performing a set of relationships that are implemented in the provision of public services. Public service is a mandatory law enforcement activity, legally established, which refers to the powers of the competent state executive bodies, aimed at exercising the rights or legitimate interests of the individual and legal entity that initiated it, financed from the relevant budget. The purpose of the doctrinal definition of the concept of "public services" will not be implemented effectively if the scientific study of key and related issues of the problem is not elaborated. Since the amendments to the legislation are significant and unquestionable, in the future it is advisable to establish the administrative and legal basis of public services that are not administrative, in the form of a special law. The content of the law shall include the concept of public services that can be formulated by distinguishing between types of publicly significant activities based on the mechanisms of organization of service provision; the composition of participants in legal relations; the recognition of the subjective public right of individuals to receive public services; principles of public services.
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