Defining the functions of administrative law norms in the modern theory of administrative law
Abstrak
The article examines the functions of the norms of administrative law, which are presented in the modern theory of administrative law. It has been established that one of the key components of the goal-setting mechanism are the functions of the norms of administrative law. It has been found that over the past ten years, the functions of administrative law and the functions of administrative law norms have become the subject of research in many complex works, however, in the doctrine of administrative law, unified approaches regarding the definition of the content and classification of the functions of administrative law norms have not been formed. It is emphasized that the study of legal norms is limited to several blocks of questions: a) comparative characteristics of legal norms with other social rules of behavior; b) analysis of the structural elements of the legal norm with an indication of the peculiarities of the interaction between hypotheses, dispositions and sanctions; c) determination of the features of the rule of law, which allows for the formulation of an appropriate definition; d) classification of legal norms. Meanwhile, the content and classification of the functions of the norms of administrative law remain little-researched issues in the science of administrative law, which require special attention from lawyers, especially from the standpoint of the mutual influence and interrelationship of the functions of all elements of the national law system and the goal-setting of the norms of administrative law. It has been established that law is a systemic phenomenon, and therefore every element of this system affects its functionality. Therefore, it is possible to enrich and deepen the scientific understanding of the functions of law only through a systematic analysis of manifestations of law at the primary level (norm of law), at the level of legal institutions, at the level of branches of law, etc. Each level may have its own functional features, which are not always taken into account during the general characterization of law as one of the types of social rules of behavior. It was concluded that the functions of the norms of administrative law are the purposeful influence of the norms of administrative law on social relations, which is ensured by the appropriate set of legal means, and its effectiveness by comparing the obtained result with the goals set before the norm of administrative law. It was found that the following functions are basic for the norms of administrative law: 1) orientation function; 2) evaluation function; 3) target function; 4) motivational function.
Penulis (1)
N.Yu. Cantor
Akses Cepat
- Tahun Terbit
- 2024
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2024.04.59
- Akses
- Open Access ✓