CONCEPT AND STRUCTURE OF THE ADMINISTRATIVE AND LEGAL MECHANISM FOR IMPLEMENTING STATE POLICY IN THE SPHERE OF LAND RELATIONS
DOI:
https://doi.org/10.32631/Keywords:
administrative-legal mechanism, field of land relations, land policy, land relations, implementation of state policyAbstract
The article is dedicated to clarifying the substantive characteristics of the
administrative-legal mechanism in general, defining its concept in the context of
implementing state policy in the field of land relations, and revealing the
structural components of its organization.
It is summarized that the administrative-legal mechanism: 1) has
regulatory, supportive, protective, and safeguarding orientations depending on
the specific tasks faced by public administration and society; 2) functions through
a system of administrative-legal instruments that collectively ensure the
achievement of its purpose and development; 3) is intended to provide a practical
manifestation of an administrative-legal norm; 4) is a dynamic legal construct
capable of adapting to the transformational processes of administrative law
doctrine development. It has been established that the administrative-legal
mechanism of implementation may concern the practical realization of individual
rights, specific state functions, reforms, or public interest in general, or, as in this
study, state policy in a particular area.
It has been determined that the administrative-legal mechanism for
implementing state policy in the field of land relations is a dynamic legal construct
designed to provide the practical realization of administrative-legal norms of a
regulatory, supportive, protective, or safeguarding nature through the execution
of its tasks by a defined set of authorized public administration bodies.
Accordingly, the institutional block of its element structure is considered key,
alongside the foundational block. However, it is clarified that, in general, the
structure of the administrative-legal mechanism for implementing state policy in
the field of land relations should include: 1) the normative block (representing administrative norms that must find practical application); 2) the foundational
block (represented by: the organizational context – its goals and objectives, the
principles of activity of the entities executing them; the guarantee component – a
system of legal and organizational guarantees aimed at protecting the rights and
legitimate interests of participants in land relations, as well as preventing
violations in this area); 3) the institutional block (including authorized public
administration bodies and their structural subdivisions directly implementing
state policy in the field of land relations); 4) the procedural block (objectifying the
existence of administrative procedures and other operational processes of
institutional subjects in this area, ensuring the sequence and legal certainty of
land relations regulation); 5) the instrumental block (legal and organizational
means that ensure the practical implementation of state policy objectives in the
field of land relations).
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