КЛАСИФІКАЦІЯ АДМІНІСТРАТИВНИХ ДОГОВОРІВ У СФЕРІ ПІДРИЄМНИЦЬКОЇ ДІЯЛЬНОСТІ
| Main Author: | Гулак Л. С. |
|---|---|
| Format: | Article Journal |
| Terbitan: |
, 2021
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| Subjects: | |
| Online Access: |
https://zenodo.org/record/5801333 |
Daftar Isi:
- The article, based on the methodology of complex system analysis of legal phenomena, considers the classification of administrative agreements in the field of entrepreneurial activity. The legal nature of the administrative agreement can be considered in the context of a number of independent but interdependent and interdependent areas of analysis. The concept of administrative agreement in the field of entrepreneurial activity is described. The administrative contract is based on the law of the agreement of two or more parties, although one of which at the conclusion of the contract implements the established or delegated powers of public administration, aimed at implementing its goals and functions, is a management decision adopted as an act of positive regulation, implementation of executive power. Theoretical approaches to the classification of administrative agreements are considered. It is noted that the legal basis of administrative-contractual regulation in the field of entrepreneurial activity is acts of administrative legislation, acts of complex regulation and other sectoral affiliation. It is noted that the question of classification of administrative contracts and its construction in the doctrine of administrative law remains debatable. Species specification is based on different ideas and criteria. Different types of administrative agreements are proposed both by means of their systematization on the basis of certain criteria and autonomously, without the construction of a classification model, by establishing the administrative and legal nature of contractual relations. The general classification of administrative contracts can be used in the field of entrepreneurial activity, taking into account the various manifestations of the contract itself as a legal act, legal fact and legal relationship. The identification of certain types of contracts suggests that their legal regulation should not be universal.