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Article The Functions of the State in the Context of the Principle of Legality
Authors
OLEKSII YUSHCHYK

Doctor of Law, Professor, Honored Lawyer of Ukraine, Main Research Associate of the V.M. Koretskyi Institute of State and Law of the National Academy of Sciences of Ukraine (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0001-5512-3612 al-jus@i.ua

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12 / 2023
Pages 112 - 121
Annotation

The concept of the functions of the state, as well as the concept of public administration in general, continue to be subjects of debate in legal science. The author believes that the ambiguity of these concepts is largely due to the limited use of the methodological tools of dialectics by researchers in understanding these phenomena. Therefore, this article analyzes public administration as a dialectical process and the functions of the state in the context of their objective dialectics and their organic connection with the legal form as an immanent form of state activity.

This article characterizes the quantitative and qualitative determination of the functions of the state apparatus that researchers often overlook, as well as the implementation of the state’s functions in the context of the principle of legality, which is determined by the legal form of the state’s functioning.

 In this regard, the article examines the concepts of legality and the rule of law and defines the concept of juridical law as a legal form of the normative essence of public administration.

The conclusion is drawn that the principle of legality is the fundamental principle in the realization of the state’s functions and that this principle is not limited to a political demand on the part of society for the state apparatus but is objectively determined and prescribed by the legal form of state activity as its immanent form.

 

Keywords management process; administrative decision; public administration; juridical law; state function; legality; rule of law
References

Bibliography

Authored books

1. Kudrjavcev V, Pravo i povedenie (Juridicheskaja literatura 1978) (in Russian).

2. Kurashvili B, Ocherk teorii gosudarstvennogo upravlenija (Nauka 1987) (in Russian).

3. Tihomirov Ju, Teorija zakona (Nauka 1982) (in Russian).

4. Tihomirov Ju, Upravlencheskoe reshenie (Nauka 1972) (in Russian).

5. Vasil’ev A, Pravovye kategorii. Metodologicheskie aspekty razrabotki sistemy kategorij teorii prava (Jurid lit 1976) (in Russian).

6. Yushchyk O, Pravova reforma: zahalne poniattia, problemy zdiisnennia v Ukraini (Instytut zakonodavstva Verkhovnoi Rady Ukrainy 1997) (in Ukrainian).

 

Edited and translated books

7. Gegel G, Jenciklopedija filosofskih nauk, t 1 (Mysl 1974) (in Russian). 8. Marks K, Jengel’s F, Sochinenija, t 1 (Gospolitizdat 1955) (in Russian).

 

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