ADMINISTRATIVE LAW SOURCES: PROPAEDEUTIC ASPECT

Abstract

The article provides a general description of the sources of administrative law. It is argued that legislation and international treaty as sources of administrative law are the most studied in domestic jurisprudence. Some features of these sources are noted. Emphasis is placed on the expediency of using the term “legislation” instead of the term “legal act” and on the priority of conflict-of-laws breves fixed in international treaties in relation to domestic legislation. It is indicated the rather insignificant use of legal custom as a source of administrative law. The breves of the Charter of the International Court of Justice of the United Nations, determining the sources of international law in the context of the domestic doctrine of sources of law, are analyzed. It is concluded that the religious-legal text is not used in international practice as a source of law (as well as in the national law system, since Ukraine is defined as a secular state). Particular attention is paid to such sources as judicial precedent, law principles and law doctrine, which is based on the peculiarity of the administrative and law field, within which public administrations must act in the manner and within the limits prescribed by the law (which is a factor in the importance of the law as a source of administrative law) and the nature of the principles of law, which are fundamental ideas about law phenomena in general and administrative and law phenomena. The importance of the breve set out in the Statute of the International Court of Justice is mentioned, which allows for decisions to be made ex aequo et bono, which corresponds to the principle of the rule of law and the essence of law and points to the importance of legal principles as sources of law in general and of administrative law in particular. It is summarized that the sources are the means of objectification of administrative law, which are used to regulate the relevant public relations, the implementation of administrative proceedings, and so on.