非强制征用程序中的行政合同:实施的正当性与合理性

Anastasia Antonenkо
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引用次数: 0

摘要

目的。本文的目的是证明赎回合同作为一种行政合同的概念是合理的,并证明在乌克兰非强制征用程序中实施赎回合同是可取的。方法。研究方法论由科学认知的一般方法和特殊方法组成,包括比较方法和法律方法、系统方法和结构方法、演绎方法、归纳法、分析方法和综合方法等。结果。本文第一部分从规范和科学两个层面确定了行政合同的主要特征,并将其与公共需求赎回合同的特征进行了比较。由此,认定赎回合同符合行政合同的要求。文章第二部分着重介绍了欧洲各国学者和法院对征收合同进行行政法律分类的若干标准。这就进一步强调了赎回合同与行政合同的联系。文章的第三部分考察了征收合同在某些欧洲国家行政合同制度中的地位。征用合同与私法协议有着根本的区别,它关系到部分协议达成的可能性,这是征用程序的特点之一。结论。在本文的结论总结,救赎合同作为一个想法,一个概念,体现在艺术的第3部分。153乌克兰和遵循民法的征用过程的本质,属于行政合同,这是证实了分析和完全合规的特性与行政契约的特点在国内外的行政法理论,以及规定的分析,欧洲国家,特别是德国、瑞士和列支敦士登的司法实践和法律学说。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ADMINISTRATIVE CONTRACT IN THE PROCEDURE OF THE UNFORCED EXPROPRIATION: JUSTIFICATION AND ADVISABILITY OF THE IMPLEMENTATION
Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.
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