Shestak L. Licensing as institution of administrative law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U003926

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

20-10-2005

Specialized Academic Board

К 27.855.02

Essay

Оbject - is the public relations which arise up in the process of management and conditioned by the necessity of license of the subject of management to the type of economic activity foreseen by the legislation. Methods: scientific dialectical, formalistic and logical, of system analysis, comparatively-legal, historical, philosophical and logical-semantic methods. Scientific novelty: for the first time the essence of licensing is determined as administrative-legal institute and it is proved that it has complex character; the terms of origin and realization of administrative relations on licensing of separate types of economic activity are grounded; complex classification of licenses is developed and described; improved: concept of license - as the document of the state standard which can be issued only by authorized state bodies and licensing - as the separate type of administrative process which is carried out according to the legislative procedure and only by special authorized state bodies. Classification of administrative introduction got further development, as the result administrative introduction is marked out as the type of administrative process. A number of measures directed on the improvement of work of the state bodies in the field of licensing are offered. A number of amendments to the legislative acts on the questions of control of administrative and legal institute of licensing are formulated. The results of research can be applied in legislative activity for the improvement of the license legislation, in the practical activity of the state bodies which carry out licensing; in scientific and research work of the students, graduate students, listeners.

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