Известия высших учебных заведений. Поволжский регион: Общественные науки (Nov 2023)
National, integration and international administrative law: correlation issues
Abstract
Background. Globalization affects the state and law, the sectoral structure of the modern system of law. The changes taking place today in the correlation of national, integration and international regulation make the theoretical substantiation of the categories “international administrative law” and “integration administrative law” and the construction of a formula for their relationship with each other and with national administrative law in demand. Materials and methods. Тhe implementation of research tasks was achieved on the basis of the analysis of scientific literature on the topic of research, as well as regulatory legal acts of the integration level. Comparative legal and formal legal methods were used. Results. Based on the analysis of scientific literature, the existence of narrow and broad approaches to understanding international administrative law is substantiated. The criteria for differentiation of international administrative law, including the transnationality of the territory and the transnationality of the administration, are singled out. Conclusions. Legal regulation within the framework of economic integration is identified with administrative and legal regulation. Integration administrative law is aimed at servicing economic and related relations, it is dominated by procedural norms. The conclusion is made about various options for the correlation of national, integration and international regulation in relation to certain areas of social relations. Criteria for differentiation of international and integration regulation are singled out. Attention is drawn to the need to take into account and preserve the administrative and legal identity of the state in the context of globalization.
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