作为行政程序执行原则的诚信原则

Nataliia Zadyraka
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引用次数: 0

摘要

本专题之所以具有现实意义,是因为行政程序的基本原则之一是诚实信用原则,它既是司法和监管实践过程中出现的执法需求的反映,也是为确定宣传和管理法律关系的基本原则的最佳必要清单而进行的科学发展和论证探索的结果。文章的目的是确定作为行政程序原则的诚信原则的内容和实质。研究采用了历史法学方法、比较法学方法、概括法学方法和分类法学方法等对行政程序原则进行科学认识的一般科学方法和特殊科学方法。我们注意到,行政程序中的诚信原则实际上来自于社会的道德基础,应被视为社会的基本原则之一,在人类的法律和道德标准中得到了界定,能够反映官员和个人 "诚实行事 "的愿望。诚信原则在法律、商业、科学和整个社会等许多领域都得到了考虑。作为社会关系的调节器,诚信原则的主要方面包括:诚实,被理解为个人或组织按照社会道德原则行事的能力,避免欺骗、伪造和任何其他形式的不诚实。在研究的基础上,提出了结论和建议。研究证实,自觉活动包括履行所有应尽的义务。研究指出,诚信原则意味着尊重他人的权利,努力不损害他人的利益或权利。建议在执行行政程序时将自觉性原则视为个人对其活动后果采取负责任态度的原则。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure
The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.
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