乌克兰人民所有权中实现公民自然物使用权的行政法律关系类型

Wiktor Branowicki
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摘要

目的。该条的目的是确定在行使乌克兰人民自然财产使用权方面的行政和法律关系的类型。方法。研究方法论由科学知识的一般方法和特殊方法组成,包括系统方法、系统方法和结构方法、分类方法、比较方法和法律方法、分析方法和综合方法、演绎方法和归纳方法等。结果。文章的第一部分考察了作为乌克兰科学家今天提出的一般类别的行政和法律关系分类的科学方法。对公共行政关系和职能的主体构成使用标准的便利性进行了总结。文章的第二部分揭示了德国行政法学说所认可的区分行政与法律关系的主要途径。对行政法律关系渊源标准适用的可能性提出了自己的看法。文章的第三部分阐述了作者对乌克兰人民行使自然财产权利中出现的行政和法律关系分类的看法。结论。结论总结说,在行使乌克兰人民对自然财产权利的公民权利方面的行政和法律关系,作为行政和法律关系的一种类型,作为一个更一般的类别,可以根据科学资料中强调的各种标准进行分类。然而,正如研究表明的那样,并非所有行政法专业文献所涵盖的方法都是适当和正确的。特别是,关于按保护方法和公共行政主体履行的职能的标准进行分类的某些观点需要征求意见。与此同时,对概述的问题的科学观点进行研究,这些观点在国内和德国的科学著作中是合理的,使我们能够得出结论,认为有可能不受现有分类的限制,并制定我们自己的标准和看法,区分乌克兰人民行使公民使用自然物体或财产权的权利领域的行政和法律关系。对此,本文提出了几种基本的法律关系分类方法,特别是以自然物、公共行政功能和法律关系目的为标准,选择以自然物、公共行政功能和法律关系目的为标准,是为了在符合分类逻辑和规则的前提下,有效地揭示法律关系的主要特征。所获得的研究结果可以作为对所述问题进一步科学发展的基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TYPES OF ADMINISTRATIVE-LAW RELATIONS IN THE SPHERE OF REALIZATION CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE
Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.
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