关于国家公民身份登记法行政程序的概念、实质和类型问题

Serhii Banakh
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摘要

本文致力于研究与公民身份国家登记行为行政程序概念的定义及其划分的主要标准有关的问题。在提供行政程序的系统中,民事法律行为国家登记机构占据主导地位,公共行政各主体根据行政法准则进行登记,这一事实决定了本专题的相关性。由于公共当局的管理、监管和控制活动的复杂性和多样性,对各种程序的界定、简化和适当的法律规范问题日益受到关注。本文旨在界定国家民事登记行为行政程序的概念,并强调其类型的主要标准。由于使用了一系列科学知识方法,即:辩证法、逻辑-语义法、结构-功能法和解释法律规范的方法,实现上述目标成为可能。对解释 "行政程序 "概念本质的科学立场进行了分析。在进行理论分析的基础上得出的结论是,科学家们一致认为,行政程序与公共行政活动直接相关,是权力主体(国家机关、地方自治机构、其官员和公职人员等)运作的既定算法。有证据表明,最有说服力的是承认行政程序是行政程序规范体系的复杂规范调节器,它确定了行政机构实施某些类型行动的程序,这些行动涉及应用标准化的行政法律措施,作为履行这些机构所承担的国家职能的规范性固定方法和技术。研究的重点是根据不同的标准对国家登记公民身份行为的行政程序进行分类的问题,这些标准各具特色。在研究的基础上得出了结论并提出了建议,以便在立法层面确定根据相关标准分类的公民身份行为国家登记行政程序类型。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the Question of the Concept, Essence and Types of Administrative Procedures of the State Registration of Civil Status Acts
The article is devoted to the consideration of issues related to the definition of the concept of administrative procedures of state registration of civil status acts and the main criteria for its division. The relevance of the topic is determined by the fact that the leading place in the system of providing administrative procedures belongs to the institute of state registration of acts of civil status, which is carried out by various subjects of public administration on the basis of the norms of administrative law. Increasing attention to the problem of defining, streamlining and proper legal regulation of various procedures is due to the complexity and diversity of management, regulatory and control activities of public authorities. The purpose of the article is to define the concept of administrative procedures for state registration of acts of civil status and to highlight the main criteria of their types. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, namely: the dialectical method, the logical-semantic, structural-functional method and the method of interpreting legal norms. Scientific positions on the interpretation of the essence of the concept of "administrative procedure" have been analyzed. On the basis of the conducted theoretical analysis, it was concluded that scientists are united by the thesis that the administrative procedure is directly related to the activity of public administration and is an established algorithm for the functioning of subjects of power (state authorities, local self-government bodies, their officials and officials, etc.). It is substantiated that the most convincing is the recognition of the administrative procedure as a complex normative regulator of the system of administrative-procedural norms, which determine the procedure for the implementation of certain types of actions by administrative bodies regarding the application of standardized administrative-legal measures as normatively fixed methods and techniques for the performance of state functions entrusted to these bodies . Attention is paid to the study of issues of classification of administrative procedures of state registration of acts of civil status according to separate criteria, distinguished by their own characteristics. On the basis of the conducted research, conclusions were formulated and recommendations were made for establishing at the legislative level the types of administrative procedures for state registration of civil status acts, grouped according to the relevant criteria.
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