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Dogmatics of administrative law
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The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities. The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones. Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht. The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.
Kutafin Moscow State Law University
Title: Dogmatics of administrative law
Description:
The basic terms and definitions inherent in Soviet administrativelegal science are examined; dogmatic concepts currently used in everyday life in domestic science and teaching need to be improved; in many cases they are not applicable in the existing political and legal realities.
The concept of “public administration” does not correspond to its purpose in the conditions of separation of powers, constitutional and legal guarantees for the activities of executive authorities, pluralism of various forms of ownership, especially non-public ones.
Using the example of teaching activities in the field of German administrative law, the need to distinguish between various training courses is shown, first of all, substantiating the theoretical postulates of German administrative law science — Verwaltungslehre, Polizeiund Ordnungsrecht, from training courses devoted, just like in domestic administrative law , the study of the institutions of the Special Part of Administrative Law — Besonderes Verwaltungsrecht.
The dogma of “public administration” is now being replaced by the study of the theoretical postulates of the executive branch, with special attention should be paid to the generality and subordination of public and civil regulation in various spheres of government influence, primarily in relation to property regulation, which is especially significant in conditions of the dominance of public property relations , based on the hierarchical subordination of their participants, and not regulated by civil law.
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