LEGAL PROTECTION OF REGULATORY NORMS BY MEANS OF ADMINISTRATIVE RESPONSIBILITY

Abstract

The purpose of the article is to form approaches to the creation of models of norms of legal tort regulation of relations in administrative activities, which will increase the effectiveness of general legal regulation of public administration. Research methods: system analysis and synthesis, comparative legal and doctrinal knowledge of administrative law; method of generalization and modeling of new theoretical knowledge. Results: the problems of modern administrative legislation are identified and certain ways of their solution are offered on legal support of efficiency of regulatory norms by means of administrative responsibility on the basis of creation of models of regulatory and protective norms and their combination in the general model sphere. The properties of regulatory norms of administrative legislation are determined by the quality of the general legal norm in connection with the regulatory and protective components. To solve the set of identified problems of blanket (reference) norms that form the composition of administrative offenses, it is necessary to link security to regulatory norms at the level of modeling the general norm of activity with its subsequent description in the language of the normative legal act. Discussion: argues that in the legal regulation of public relations in the scope of administrative law, the main task should not be punishment, and finding a balance between the implementation of private and public interests by resolving issues that arise in violation of regulations.

In the article the author notes that administrative law becomes essentially administrative, not managerial, when it changes the predominant nature of relations in the activities from managerial to protective, the realization of the rights and legitimate interests of individuals and legal entities. Modern administrative law of Ukraine essentially remains police (administrative), given the nature of the legal regulation of relations between public and private law. First of all, the orientation of the administrative right to protection is viewed by the legal instruments (means) used for this purpose. In particular, administrative responsibility should play the role not of punishment, but of incentives to comply with the law, which determines a positive scenario of interaction between individuals and legal entities and the state based on the principles of social agreement between society and the state. This approach is different from the approach typical of the Soviet - punitive, where punishment is a tool for achieving the goals of the state apparatus, given the rights and interests of citizens in the last place.