Вісник Харківського національного університету внутрішніх справ (Jul 2021)
System of Administrative and Legal Regulation of the Status of the Cabinet of Ministers of Ukraine in the Field of Scientific, Research and Technical Activity in Ukraine
Abstract
The author of the article studies the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine. The correlation of the concepts of administrative and legal regulation and the mechanism of administrative and legal regulation is determined. The existence of the concept of administrative and legal regulation of the status of subjects of administrative and legal relations, in particular, the Cabinet of Ministers of Ukraine, is substantiated. Based on this, the peculiarities of the elemental composition of the mechanism of legal administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine are determined. Administrative and legal status in the system of administrative and legal regulation is considered as a structural element, an integral part of it. At the same time, it is part of the subject of legal regulation by the rules of administrative law. Its constituent elements (principles, goals, tasks and functions, the procedure of creation, reorganization, liquidation, procedures, the right to official symbols, linear and functional subordination, the rights and responsibilities of the subject) are determined by administrative law, through the definition of rights and the responsibilities of a subject is influenced by public relations, the participant of which is such a person. Thus, we can talk about the administrative and legal regulation of the legal status of the subjects of administrative and legal relations, and hence about the mechanism of administrative and legal regulation of the status of such subjects. However, the administrative and legal status in this case will not be part of the elemental mechanism of administrative and legal regulation, because it is the subject to the influence of administrative norms in this case. Thus, the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine can be presented as follows: – administrative and legal norms that determine the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine, their sources; – principles of the activity of the Cabinet of Ministers of Ukraine in the sphere of administrative relations in the field of science and technology in Ukraine; – interpretation of administrative and legal norms regulating the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific and scientific and technical activities in Ukraine; – the nature of administrative and legal relations in the field of scientific, research and technical activities, the participant of which is the Cabinet of Ministers of Ukraine; – individual acts of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity; – forms of activity of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity as the participant of administrative and legal relations; – methods of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine; – administrative and legal regimes regulating the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine; – administrative procedures of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities; – efficiency of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity.
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