Contractual Forms of Agreement Between the Bodies of the Executive

O.V. Shmaliy, L.A. Dushakova
European Research Studies Journal, Volume XX, Issue 1, 276-283, 2017
EOI: 10.11214/thalassinos.20.01.027

Abstract:

The governance system that is adequate to modern social realities dictates the need to review traditional views about the extremely powerful and imperative specifics of managerial actions in favor of recognizing the admissibility of the tools and tech-niques of a private nature in the field of administrative and legal regulation of social relations. The determinants of such transformation include, firstly, the general legal trend synthesis of private and public beginning in the legal system, and secondly, the formation of a fundamentally new concept of interaction between the state and the society, which involves the delegation of powers by public authorities to the subjects of private law, reserving, mainly powers of coordination, control and supervision. Accordingly, we are seeing an increase in the number of relationships, traditionally of subordinate nature, which are formed on the basis of self-regulation of discretion-ary items. Actively, by shaping the forms and mechanisms of coordination and co-operation between the subjects of the public administration, which in the future will harmonize administrative activity, expands the system of horizontal transactions be-tween entities of public law. One of the manifestations of these trends is the devel-opment of an administrative contract institute (Erastova, 2016). The main hypothesis of the author, according to which, deep doctrinal study requires the construction of an administrative contract, as evidenced by the absence of its system of legalization given the presence of certain indications of situational charac-ter of the legislator to the possibility of using a number of administrative and con-tractual forms (Ivanova and Bikeeva, 2016).


Cite Article (APA Style)