Research of the administrative rule-making, as areas of legal science that comes forward as the objective phenomenon. Marked that the administrative rule-making, as an area of legal science examines a legislation and judicial practice of his application.
Аннотация к работе
Central district court of Nikolaev Principles of administrative rule-making are in Ukraine as areas of legal science Grechana S.I. Judge Summary The article is sanctified to research of the administrative rule-making, as areas of legal science that comes forward as the objective phenomenon. It is reflected, administrative rule-making in two values, as an area of legal science and as industry of legislation and their signs are described. Thus, it is marked that the administrative rule-making, as an area of legal science examines a legislation and judicial practice of his application that gives possibility is more deep to get to know principles of this sphere of public relations. Keywords: administrative rule-making, legal science, legislation, public relations, legal norms, administrative process, imperative method. Introduction Actuality. Becoming and development of public relations in the conditions of the independent, legal, democratic state is accompanied by continuous development and further improvement of administrative processes in the different spheres of vital functions of civil society. The questions, related to the guard of rights and freedoms of citizens, that belong to the competense of public organs activity of that needs a permanent improvement, acquire in this key of the special weight. Such process is stipulated by the modern necessities of economic, political and social life of society. And administrative rule-making comes forward, as guarantees of judicial protection of rights, freedoms and legal interests from violations in the field of public relations that for today are extremely a necessity for physical and legal persons. For such, research of this subjects from the prism of area of legal science, that unites a legislation and judicial practice is expedient and actual in present tense. The aim of the article is determination of main signs of the administrative rule-making as areas of legal science, establishment of totality of facilities of influence on the circle of public relations in relation to finding out of his methods. Analysis of the last researches. In modern science during realization of certain steps of legislative and practical character there are quite a bit discussions concerning finding out of essence of the administrative rule-making. All the time scientists carry out researches, and the labours with this subjects were devoted by such scientists of V. B. Aver’yanov, Yu. P. Bytyak, Yu.V. Dodin, А. Puddle, S. V. Kivalov, Т.О. By the personal touches of the administrative rule-making as industries of legislation can be defined such [3]: -it is the form of realization of administrative law as rights material; - it is sent to adjusting of public relations; - one of subjects the subject of imperious plenary powers always comes forward; - specific, inherent only method him - non--mandatory with certain features; - his norms are set by Verkhovna Rada of Ukraine that is the supreme body of legislature; - it reaches a display both in the laws of Ukraine and in international nor- matively-legal acts. The administrative rule-making as includes industry of legislation for itself [4]: - generals (task of the administrative rule-making, determinations of concepts, that is used at CAS, legislation about the administrative rule-making, principles of the administrative rule-making, position in relation to a legal aid at the dispatch of businesses in an administrative court); - organization of the administrative rule-making (administrative jurisdiction and cognizance of administrative businesses, composition of court, taking, judicial calls and reports, jigging of administrative process, norm in relation to the participants of administrative process and others like that); - realization is in a trial (address to the administrative court and opening of realization on administrative business, preparatory realization, judicial trial of business and others like that) court; - revision of court decisions (appellate realization, appeal realization, realization on exceptional circumstances, realization on new circumstances); - judicial questions related to implementation of court decisions in administrative businesses; - measures of judicial compulsion; - final and transitional positions [5].