Modern approaches to determining the goals of the norms of administrative law

The article examines modern approaches to determining the goals of the norms of administrative law. It was found that when institutions or sub-branches of administrative law, a separate norm of administrative law or its interaction with other norms of national law are analyzed, then in all these cases we are talking about a norm of law, which according to quantitative parameters has acquired a new “internal quality” and in relation therefore, it has changed its manifestation in the surrounding world, which, in turn, affects the goal-setting of the norms of administrative law: a) as the smallest element in the legal system; b) in synergy with other norms of the legal institution; c) in synergy with other industry standards; d) in synergy with other norms of national law. It was established that according to the target orientation of the norms of administrative law, they should be divided into five groups: 1) primary regulatory - aimed at regulating basic social relations (consolidating the rights and obligations of civil servants as participants in administrative legal relations); 2) regulatory and encouraging – aimed at maintaining law-abiding behavior in society and in a specific person (consolidation of nationwide incentive measures for education workers); 3) regulatory and protective - aimed at protecting basic legal relations from possible encroachments (consolidation of administrative offenses in the Code of Administrative Offenses); 4) regulatory-protective – aimed at protecting already violated basic legal relations (consideration of public-law disputes in the administrative court according to the requirements of the CAS of Ukraine); 5) regulatory-perspective – determine benchmarks that should be strived for, but which for various reasons remain unattainable here and now (for example, Ukraine’s integration into the European political, economic, security, and legal space). It is proposed to divide the goals of the norms of administrative law depending on the level of legal regulation (basic, sectoral, national goals and goals of legal institutes), depending on the expected results (functional and substantive goals), depending on the potential terms of their achievement (staged and non-staged purposes), depending on the scope of implementation and obtaining a useful effect (legal, non-legal and mixed purposes).

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-08-19
DOI
https://doi.org/10.24144/2307-3322.2024.83.2.33
Primary Topic
Education, Law, and Society
Type
article
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article

Modern approaches to determining the goals of the norms of administrative law

N. Yu. Kantor
Uzhhorod National University Herald Series Law
Education, Law, and Society
article

Modern approaches to determining the goals of the norms of administrative law

N. Yu. Kantor
article en

Abstract

The article examines modern approaches to determining the goals of the norms of administrative law. It was found that when institutions or sub-branches of administrative law, a separate norm of administrative law or its interaction with other norms of national law are analyzed, then in all these cases we are talking about a norm of law, which according to quantitative parameters has acquired a new “internal quality” and in relation therefore, it has changed its manifestation in the surrounding world, which, in turn, affects the goal-setting of the norms of administrative law: a) as the smallest element in the legal system; b) in synergy with other norms of the legal institution; c) in synergy with other industry standards; d) in synergy with other norms of national law. It was established that according to the target orientation of the norms of administrative law, they should be divided into five groups: 1) primary regulatory - aimed at regulating basic social relations (consolidating the rights and obligations of civil servants as participants in administrative legal relations); 2) regulatory and encouraging – aimed at maintaining law-abiding behavior in society and in a specific person (consolidation of nationwide incentive measures for education workers); 3) regulatory and protective - aimed at protecting basic legal relations from possible encroachments (consolidation of administrative offenses in the Code of Administrative Offenses); 4) regulatory-protective – aimed at protecting already violated basic legal relations (consideration of public-law disputes in the administrative court according to the requirements of the CAS of Ukraine); 5) regulatory-perspective – determine benchmarks that should be strived for, but which for various reasons remain unattainable here and now (for example, Ukraine’s integration into the European political, economic, security, and legal space). It is proposed to divide the goals of the norms of administrative law depending on the level of legal regulation (basic, sectoral, national goals and goals of legal institutes), depending on the expected results (functional and substantive goals), depending on the potential terms of their achievement (staged and non-staged purposes), depending on the scope of implementation and obtaining a useful effect (legal, non-legal and mixed purposes).

Uzhhorod National University Herald Series LawVol. 2(83)
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
Education, Law, and Society
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Modern approaches to determining the goals of the norms of administrative law — N. Yu. Kantor · Uzhhorod National University Herald Series Law (2024) | TGRS Research Map | TGRS