PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT

  • Rafik Khandanian Russian-Armenian University
Keywords: legal state, reform, administrative law, administrative procedure, modernized society, law system, law and order, state authorities, civil society, jurisprudence, political system, human rights, administration, administrative act, law-enforcement practice, interpretation

Abstract

The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019).

The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia).

The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society.

The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia.

The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc.

Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status.

Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction.

According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state.

The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure.

The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence.

The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure.

The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society.

Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change.

The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms.

Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.).

According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.

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Published
2019-10-01
How to Cite
KhandanianR. (2019). PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT. Administrative Law and Process, (2(25), 43-66. https://doi.org/10.17721/2227-796X.2019.2.04
Section
Foreign administrative law and procedure