Mel’nyk S. The Typology of the Juridical Liability According to the Administartive Law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005618

Applicant for

Specialization

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

06-10-2015

Specialized Academic Board

К 64.051.28

Essay

The object of research is the public relations arising while the implementation of relations of legal responsibility in an administrative law. Purpose: allocation of typological characteristics of legal liability, and development of practical recommendations for the use of typology in law-making activity. Methods: A set of philosophical, general, special and specific scientific methods of knowledge, including such as dialectical method, method of typology, system-structural, structural-functional, formal-legal and other methods. Theoretical and practical results, scientific novelty: for the first time within the framework of administrative law functional, judicial, organizational and approval types of legal liability have been distinguished and described; position about hierarchical correlation of functions of legal responsibility in an administrative law has been proven with the selection of base functions (guard and punitive) and derivatives from punitive groups of strategic (administrative, providing and protective) and tactical (preventive, ceasing and compensative) functions existence of judicial types of legal liability, that do not have a separate judicial construction, has been proven; they develop first within the framework of control administrative proceedings, and then - administrative justice procedures existence of particular type of regime responsibility in the administrative law, which occurs when subjects of relations of legal responsibility are within the limits of one organizational structure, but the content of relations of responsibility is determined not by relations of official submission between them, but by features of the mode withinthis organizational structure, has been proven approaches to the analysis of procedural legal liability structures in administrative law based on their comparison with classical procedural form of administrative responsibility have been improved a decision of model of systematization of administratively-tort legislation on the basis of results of typology research of legal responsibility in an administrative law has been made; received further development the provisions of the establishment of regulatory structures of legal liability in administrative law. Practical value: the results of dissertation research have a methodological value for researches in the field of legal liability; can serve as methodological basis for law-makingactivity, especially in developing normative constructions of legal liability. Scope: in an educational process during preparation of materials of lectures and conducting of seminars and workshopson disciplines "Administrative law", "Administrative responsibility".

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