Hud A. Administrative Contract as a Form of Contractual Regulation of Administrative-Legal Relations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002352

Applicant for

Specialization

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

23-04-2019

Specialized Academic Board

К 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

The complex study of the administrative agreement as a form of contractual regulation of administrative-legal relations was conducted in the dissertation. The historical aspect of the emergence and development of an administrative contract in Ukraine considered, and the periodization of the contract had carried out. The legal grounds for the regulation of the administrative agreement has analyzed. The main principles that were divided into general and special ones had considered. And also analyzed the basic functions of the administrative contract, which in turn was divided into universal and special. And also defined the main philosophical categories of the concept of «administrative contract». The definitions of the «administrative agreement» provided by national scientists considered by the administratists. The main features of the administrative contract explored and the characteristics of each of them has provided. The paper investigates the legal preconditions for the conclusion of an administrative contract and the preconditions for contractual regulation of administrative legal relations. The classification of the administrative agreement that had divided by the subject, the nature of the interaction of the subjects, the targeting, the legal properties, and content carried out. A description of each type of administrative agreement has also provided. The essential conditions of the administrative agreement have determined. The stages of the conclusion of an administrative contract proposed by other leading scholars considered, and other stages has proposed taking into account the usual stages of legal regulation, which are obligatory when entering into an agreement. The analysis of amendments to the contract, as well as the termination of the administrative agreement, has made. The foreign experience of administrative-legal regulation of an administrative agreement in the countries of the European Union. The application of an administrative treaty to the Baltic States has been explored separately.

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