OURCES OF RIGHT IN ADMINISTRATIVE RULE-MAKING: MODERN GOING NEAR UNDERSTANDING IN SCIENCE OF ADMINISTRATIVE LAW
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article is sanctified to the pressing questions of essence of sources of right in the administrative rule-making. In the article an author is ground the necessity of development of conception of sources of administrative law that will allow to lay down an integral idea about the sources of right in the administrative rule-making. Drawn conclusion, that today in modern legal science actual is a problem of making of base reference-points to understanding of sources of administrative law and grounding on such principles of creation of doctrine theoretical conception of sources of right in the administrative rule-making, that must embrace all key moments of the investigated phenomenon, taking into account acquisitions of legal science and necessities of practical activity of administrative courts on application of sources of right. Analysing modern labours of scientists-lawyers in relation to maintenance of sources of right allows to come to the conclusion that dominant in the last decades normative conception is right, that acknowledged the only source of right a normatively-legal act, criticized and yields to the doubt. And it not by chance. In fact existing in legal science going near confession of right a source the product of activity of the state as a law does not answer: firstly, to the tendencies of reformation of the legal system of the state in accordance with international standards and norms of right; secondly, to the modern requirements of right for realization, that «require the revision of traditional ideas about a monopolistic law provision and at the same time create necessary pre-conditions for adequate, newest to comprehend and confession of legal precedent the important source of right», and also normatively-legal agreement and legal doctrine and others like that; thirdly, by the processes of rapprochement of legal families, their interpenetration and borrowing of separate elements, what inherent to other legal systems. Тhe necessities of legal practice need the clear reference-points of dissociation of sources of right with the contiguous legal phenomena (judicial acts, acts of interpretation of norms of right and others).
Authors and Affiliations
В. В. Ільков
Keywords
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