ADMINISTRATIVE PROCEEDINGS AND ITS NATURE

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Zarifa Mammadova

Abstract

Administrative law is a branch of law that deals with management in contrast to other areas of law. Publicly important administrative activity or administrative management is the main function of the state. While legislative and judicial functions are performed from time to time, administrative action is performed at all times. Management arises in the process of social activity of people and regulates social relations arising from that process. Management consists of activities with organizational content. The concepts of administration, administrative proceedings, and administrative management are used in the theory. Administrative proceedings are activities carried out within the procedural rules established by this Law by the relevant administrative bodies based on the application of natural or legal persons or the initiative of the administrative bodies on the adoption, implementation, change or, cancellation of an administrative act, as well as on the consideration of administrative complaints. it is understood. Although the concept and characteristics of administrative proceedings are provided for in the law, it is possible to discover gaps in the activity of administrative bodies in practice. In this area, the adoption of the Law “On Administrative Proceedings” should be considered as an expression of the necessity of solving the problems arising during the relations between the state and citizens. The adoption of that Law is aimed at the perfect regulation of legal rules and, most importantly, at determining legal beginnings and guidelines for all administrative law. The goal of the legislator is to ensure uniformity of law in this area by adopting a law common to all state bodies. Some provisions, for example, the principles of the rule of law in administrative proceedings, were defined for the first time at the level of a single law. The principles of the legal state constitute the core of modern society. Without observing these principles, it is impossible to achieve neither the economic development of the state nor the general well-being of people. On the other hand, this Law serves to simplify and rationalize administrative proceedings. The main importance of the law is undoubtedly expressed in the strengthening of the position of the citizens whose rights are precisely and determined in the administrative proceedings. The citizen can now be sure that his rights established in that Law should be ensured to a minimum extent in his relations with state administrative bodies in any field.

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References

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