再一次关于行政法主体及其规范

A. V. Kurakin
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引用次数: 0

摘要

行政法主体的问题并不新鲜,但它还没有最终得到解决,因此有充分的理由关注实际构建这一法律分支的规范的特征。笔者注意到,关于一般的法治问题,特别是行政法的法治问题,是相当保守的,今天已经不可能再从根本上制定一个新的法治定义,尽管如此,还是有笔者对这一范畴的定义,我们也注意到,法治的结构问题也最终是封闭的。对行政法规范问题的研究,可以为行政法规范的分类制定标准,为行政法规范的实施有效性提出建议,也可以重新思考行政法规范的系统化问题。行政法律主体的复杂性、行政法律规制方向的多样性,客观上决定了各种规范的存在。本文提出了这些规范的分类标准,这些标准可以反映这些规范的本质和特点。作者还提请注意,这一学说充分发展了行政法治的结构问题及其实施形式。从结构上看,行政法规范包括假设、处分和制裁。行政法治的这三个要素构成了行政法治的整体。规制规定中不存在三要素同时存在的情况,往往是将处罚从行政法的规制规范中抽离出来,纳入另一部法律。行政法规范的实施形式相当古老,规范的实施表现为服从、执行、使用和适用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Once again about the Subject of Administrative Law and its Norms
The question of the subject of administrative law is not new, but it has not been finally resolved, and therefore there is every reason to pay attention to the features of the norms that actually construct this branch of law. The author notes that the question of the rule of law in general and the rule of administrative law, in particular, is quite conservative, today it is no longer possible to formulate a fundamentally new definition of the rule of law, despite this, there are author's definitions of this category, we also note that the question of the structure of the rule of law is also finally closed. The study of the problem of the norms of administrative law can make it possible to develop criteria for the classification of these norms, formulate proposals on the effectiveness of their implementation, and also reconsider the question of their systematization. The author notes that the complexity of the subject of administrative law, the variety of directions of administrative and legal regulation, objectively determines the existence of various norms. The paper presents some classification criteria of these norms, which may reflect the essence and their specifics. The author also draws attention to the fact that the doctrine has sufficiently developed the question of the structure of the rule of administrative law, as well as the forms of their implementation. Structurally, the norm of administrative law consists of a hypothesis, disposition and sanction. All three of these elements of the rule of administrative law in their entirety form it. The presence of three elements at once in the regulatory prescription does not occur, often the sanction is taken out of the regulatory norm of administrative law and is contained in another law. The forms of implementation of the norms of administrative law are quite archaic, the norm is implemented in compliance, execution, use and application.
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