行政法原则的具体化是司法执法对公共行政影响的方向

Yevhenii Doiar
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The dogmatic method was used indetermining the content of the concretization of law as a theoretical concept, while the formallegalmethod has become a tool for elaborating the case-law reflecting standards of understandingand application of the principles of administrative law.ResultsIt was found that, interpreting the principles of the rule of law and good governance,administrative courts have consistently adhered to and promoted among public authoritiesthe principle of superiority of the essense over the form and the inadmissibility of excessiveformalism in the activities and decisions of public authorities and administrative courts, whichprecludes absolutization of formal legal requirements. 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引用次数: 0

摘要

目的为行政法律原则在司法适用中的具体化提供具体的、说明性的实例,并确定其对完善公共行政制度的重要性。方法本文的方法论基础是辩证法,它使我们有可能结合公共行政的发展来考虑行政法律原则司法具体化的实践。教条式方法被用来确定作为理论概念的法律具体化的内容,而形式法方法则成为阐述反映行政法原则理解和适用标准的判例法的工具。结果发现,行政法院在解释法治和善治原则时,始终坚持并在公共权力机构中提倡实质高于形式的原则,在公共权力机构和行政法院的活动和决定中不允许过度的形式主义,这就排除了形式法律要求的绝对化。此外,重要的实践价值是固有的司法实践中所确立的:(a)个人向行政机构提交的申请文件的有效性推定;(b)推定公共当局在行使其权力时的诚信;(c)公务员有责任在履行职责时表现出足够的注意和谨慎,以及不能容许将公共当局的错误和疏忽的责任推卸给私人;(d)在模棱两可或可能有多种解释的情况下,公共当局有义务采用对个人最有利的方法;(e)约束公共当局及其公布的官方非规范性澄清的原则,以及依赖这些文件的自然人和法人行为的合法性;(f)对于同一违法行为,不论有关处罚的类别如何,都不允许两次追究行政责任的原则,只要它们都在行政法范围内。通过对行政法原则的实体标准和程序标准的推断,使行政法原则具体化,同时界定不符合这些标准的行政行为,对公共行政具有重要意义。这就保证了行政法原则不仅作为法律的价值基础,而且作为具体行政法律关系当事人权利义务确定的实用规制工具和具体依据发挥作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CONCRETIZATION OF THE PRINCIPLES OF ADMINISTRATIVE LAW AS A DIRECTION OF THE INFLUENCE OF JUDICIAL LAW ENFORCEMENT ON PUBLIC ADMINISTRATION
PurposeThe purpose of the article is to provide specific and illustrative examples of concretization of theprinciples of administrative law in judicial application of law and determine its importance forimproving the system of public administration.MethodsThe methodological basis of the article is, in particular, the dialectical method, which made itpossible to consider the practice of judicial concretization of the principles of administrative lawin connection with the development of public administration. The dogmatic method was used indetermining the content of the concretization of law as a theoretical concept, while the formallegalmethod has become a tool for elaborating the case-law reflecting standards of understandingand application of the principles of administrative law.ResultsIt was found that, interpreting the principles of the rule of law and good governance,administrative courts have consistently adhered to and promoted among public authoritiesthe principle of superiority of the essense over the form and the inadmissibility of excessiveformalism in the activities and decisions of public authorities and administrative courts, whichprecludes absolutization of formal legal requirements. Also, significant practical value is inherentin the established in judicial practice concerning: (a) the presumption of validity of documentssubmitted by an individual with his application to the administrative body; (b) presumption ofgood faith of pubic authorities in the exercise of their powers; (c) the duty of civil servants to showsufficient attention and care in the performance of their duties and the inadmissibility of shiftingresponsibility to private persons for the mistakes and omissions of public authorities; (d) theobligation of public authorities to apply the approach that is most favorable to the individual inthe event of ambiguity or possibility of multiple interpretations; (e) the principle of binding publicauthorities with their published official non-normative clarifications and legality of actions ofnatural nad legal persons with reliance on these documents; (f) the principle of inadmissibilityof bringing a person to administrative responsibility twice for the same offense, regardless of theclassification of the relevant sanctions, provided they all lie within the plane of administrative law.ConclusionsThe author concludes that concretisation of principles of administrative law through inferringsubstantive and procedural standards of public administration from them while defining administrative practices incompatible with these standards is of vital importance for publicadministration. This ensures the functioning of the principles of administrative law not only asa value foundation for law, but also as a practical regulatory tool for and a concrete basis fordetermination of rights and duties of parties to particular administrative-legal relations.
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