Chorna M. Administrative and legal bases of activity of bodies of public administration in the field of land protection

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100528

Applicant for

Specialization

  • 081 - Право. Право

30-11-2020

Specialized Academic Board

ДФ 23.073.002

Volodymyr Vynnychenko Central Ukrainian State Pedagogical University

Essay

Chorna M.V. Administrative and legal bases of activity of bodies of public administration in the field of land protection. - Qualifying scientific work on the rights of the manuscript. The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 12.00.07 «Administrative law and process; finance law; information law ”(081 - Law). - Volodymyr Vynnychenko Central Ukrainian State Pedagogical University, Kropyvnytskyi, 2020. The dissertation, based on a comprehensive analysis of scientific and legal sources, provides a theoretical generalization and a new solution to the problem of public administration in the field of land protection, as well as formulated proposals and recommendations for improving existing legislation in this area. The legal meaning of the term "land protection" is defined in terms of its significance for the administrative and legal regulation of the relevant sphere of public relations and it is noted that it depends on the activities of public administration, and therefore can be considered a field mainly governed by administrative law. The definition of legal regulation of public administration bodies in the field of land protection is given, which is a set of clearly regulated tools and means of imperative nature, which are used to streamline and regulate the activities of public administration bodies in the field of land protection. Also, it is detailed that the latter should be understood as a set of domestic regulations of different legal force, international law, administrative agreement as a special form of public contractual relations, case law and legal doctrine, which together regulate the activities of public administration in the field of land protection. It is emphasized that in the theory of law there is no clear common definition of the concept of "legal relations in the field of land protection". It is argued that legal relations in the field of land protection as an object of administrative and legal regulation can be defined as regulated by the rules of administrative law public relations of service, organizational, administrative, jurisdictional and supervisory direction, which arise during the activities of public administration in land protection. It is established that the main features of administrative - legal relations in the field of land protection are: public - legal nature of the subjects; combination of application of imperative and dispositive methods of legal regulation; regulated by the rules of administrative and land law (intersectoral nature); administrative and legal relations may arise against the wishes of the other party; disputes are resolved both out of court and in court. The following classification of relations in the field of land protection depending on the type of activity of public administration bodies is offered, namely: public - service activity; control and supervision activities of public administration bodies in the field of land protection; jurisdictional activity of public administration bodies in the field of land protection; organizational - administrative activities. The concept of "bodies of public administration in the field of land protection" is formulated as a set of entities endowed with administrative and managerial functions in the field of land protection, created by the state in accordance with the hierarchical principle, acting on its behalf on the basis and within current legislation of Ukraine. It is stated that public administration bodies in the field of land protection are a well-established system of public authorities and executive bodies of local self-government, state and non-state enterprises, institutions, organizations and other entities endowed with administrative and managerial functions interests of the state and the interests of society as a whole. The following classification of public administration bodies in the field of land protection is proposed: by areas of activity: public administration bodies endowed with powers of supervision and control over compliance with legislation in the field of land protection; public administration bodies authorized to provide administrative services in the field of land protection; public administration bodies that perform jurisdictional functions public administration bodies. Key words: land protection, legal relations in the field of land protection, public administration bodies, permitting activity of public administration bodies, control and supervisory activity of public administration bodies, jurisdictional activity of public administration bodies.

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