The concept of the administrative law doctrine

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Zaporizhzhia National University

Department of Administrative and Commercial Law

THE CONCEPT OF THE ADMINISTRATIVE LAW DOCTRINE

T.O. Kolomoiets, V.K. Kolpakov

Анотація

Запорізький національний університет ПОНЯТТЯ ДОКТРИНИ АДМІНІСТРАТИВНОГО ПРАВА Тетяна Олександрівна Коломоєць, Валерій Костянтинович Колпаков Кафедра адміністративного та господарського права Запоріжжя

В умовах сучасних державотворчих і правотворчих процесів, зумовлених істотними змінами у позитивному праві, актуалізується потреба формулювання на підставі методологічного плюралізму нового розуміння доктрини адміністративного права як складного, багатомірного системного феномену для позначення сукупності юридико-наукових суджень про адміністративно-правовий простір, що і є метою роботи. Основним методом наукової роботи є метод правового аналізу, використання якого дало змогу визначити в контексті цілісного представлення знань про «доктрину адміністративного права» її поняття, структури, системи шляхом аналізу консеквенцій: а) філософії права, б) теорії права, в) історії права, г) адміністративного права. Зосереджена увага на методологічному значенні філософських, теоретичних положень, зв'язках із загальною правовою доктриною: у взаємосприйнятті дослідницьких здобутків; розмежуванні адміністративного права з іншими галузями; забезпеченні урахування адміністративного законодавства у нормативному матеріалі інших галузей права (і навпаки); встановленні ідентичності або відмінності генези правових явищ тощо. Доведено, що феномен «доктрина адміністративного права» є системою, яку характеризують: 1. Єдність по відношенню до середовища (цілісність) і різноманіття зв'язків із ним; 2. Структурованість її, наявність у її системі відносно самостійних компонентів; 3. Наявність детермінантних характеристик «доктрини» як цілісності, які є результатом взаємодії її компонентів; 4. Наявність всередині системи) суперечностей, які є рушійною силою саморозвитку системи; 5. Історичність, наявність розвитку у часі, «історичного базису» і досвіду минулого. Запропоновано визначення доктрини адміністративного права. Практичне значення результатів дослідження полягає у тому, що теоретичні положення та висновки можуть стати основою для подальших наукових досліджень доктрини адміністративного права та її проблемних питань.

Ключові слова: адміністративне законодавство, правова доктрина, стратегія розвитку, структура доктрини, правова система держави.

Abstract

In conditions of modern state-building and law-making caused by significant changes in positive law, arises the necessity of developing a new understanding of the doctrine of administrative law. This understanding should be based on the methodological pluralism, present the doctrine as a complex, multidimensional system phenomenon that denotes a set of legal scientific judgments about administrative legal framework. The above outlines the purpose of this study. The main method of scientific work is the method of legal analysis, the use ofwhich allowed, in the context of a holistic presentation of knowledge about the doctrine of administrative law, to determine its concept, structure, system by analysing the consequences of: a) the philosophy of law, b) the theory of law, c) the history of law; d) the administrative law. The focus is on the methodological significance of philosophical, theoretical positions, connections with the general legal doctrine in the mutual perception of research achievements; delimitation of administrative law with other branches; ensuring the consideration of administrative legislation in the statutory material of other branches of law (and vice versa); identification of the identity or differences in the genesis of legal phenomena, etc. It is proved that the phenomenon "doctrine of administrative law” constitutes a system described by: 1. Unity in relation to the environment (integrity) and diversity of relations with it; 2. Its structure, the presence of relatively independent components in its system; 3. The presence of determinant features of "doctrine " as an entity, which constitute the result of the interaction of its components; 4. The presence of contradictions within the system that are the driving force of self-development of the system; 5. Historicity, the presence of over-time development, the "historical basis" and the experience of the past. The definition of the doctrine of administrative law is offered. The practical significance of the research results is that the theoretical provisions and conclusions can form the basis for further research on the doctrine of administrative law and its issues.

Keywords: administrative legislation, legal doctrine, development strategy, doctrine structure, legal system of the state.

INTRODUCTION

administrative legislation law branche

The doctrine of law ("communis opinio doctorum" - the legal science of lawyers, the general opinion of doctors, teachers, professors, scientists) - is the concept of a systematic set of legal scientific interpretations and judgments about positive law. The doctrine of administrative law, as a derivative and structural component of the phenomenon "doctrine of law", generates a logical-theoretical model of the positive segment of this legal branch. This model (design, scheme, means, method) serves as a test of proper understanding of: a) the interpretation of provisions, b) the need for legal regulation of social relations, c) the assessment of their efficiency, d) the compliance with the principles of state and civil society, e) the laws of evolution of the legal framework and the system of law. At the present stage of development of Ukrainian statehood, the necessity of investigating the issues of the doctrine of administrative law is dictated not only by general theoretical considerations, but also by significant changes in the positive law itself. First, it is the consolidation of natural human rights and freedoms in the provisions of positive law; secondly, the fundamental requirement for a positive segment of the right to meet these standards.

Under such conditions, the modern theory of administrative law of Ukraine should focus on the development of a new doctrine of administrative law, the definition of the conceptual directions of development of administrative law, the administrative law research, the main aspects of such a doctrine. In doing so, an important role belongs to the science of administrative law as a system of knowledge about administrative phenomena, the theory of administrative law, the administrative law doctrine [1]. That is why the purpose of the study is to develop a new understanding of the doctrine of administrative law as a complex, multidimensional systemic phenomenon to denote a set of legal scientific judgments about the administrative legal framework, its logical-theoretical paradigm. To achieve the said purpose, the study is based on research of modern multivariate source base and methodological pluralism of scientific research (including with increased use of integrated methods, including: narrative, historical-genetic, taxonomy, periodisation, comparative-synchronous, comparative-diachronic, system- structural, etc.). The findings of the study will contribute to the development of an innovative scientific basis for modern reformational state-building and law-making.

In 2019, the pages of the All-Ukrainian legal journal "Legal Science of Ukraine" saw two discussions on doctrinal issues of administrative law. The first covered the new national doctrine of administrative justice [2], the second - the new national doctrine of administrative law [3] with expression of positions by representatives of various Ukrainian branch scientific schools. Three issues of the yearly periodical of branch scientific professional works "Issues of Administrative Law", published in 2017-2019, also focused on the results of innovative scientific research of scholars of administrative law, covering the substantiation of the need for updated understanding of the doctrine of administrative law and priorities for its definition, structure, understanding component series, development of "basic" terminology.

During 2017-2020, several landmark international, all-Ukrainian scientific, research-to-practice events were organised and held, primarily under the auspices of the National Academy of Legal Sciences of Ukraine and its structural units, including with the involvement of foreign legal scholars, representatives of international and domestic professional legal associations and with the awareness of the participants of such events of the urgent need to develop basic innovative approaches to a new understanding of the doctrine of administrative law, to prioritise basic fundamental and applied professional branch-related research. In recent years, in dissertations, primarily for the degree of Doctor of Laws, the topical issues of the doctrine of administrative law have been thoroughly studied. For example, in terms of the distribution of powers of public administration [4], administrative and legal support of the rights of citizens of Ukraine in terms of European integration [5], the use of sources of administrative law in the judiciary of Ukraine [6], etc. An array of scientific articles on various issues of administrative law doctrine, which were published in 2019 in Ukrainian and foreign scientific journals, also attract attention of the authors [7-12].

MATERIALS AND METHODS

Correct definition of methodology for accompanying legal research, including and branch realities, serves as a condition for objective results of scientific research in the form of new knowledge. Accordingly, the desire to understand the properties of the phenomenon "doctrine of administrative law" inevitably forces to objectify the methodological paradigm, correlated with the purpose and objectives of the study. This paradigm is primarily based the following: a) cognitive technologies; b) the worldview of the researcher; c) research objectives; d) features of the object and subject of scientific research. The methodology used in this paper is harmonised with the principle that the application of a method cannot be reduced to a single formula, and specific research technologies (especially procedures for analysis, comparison, taxonomy, periodisation, etc.) vary depending on the nature of the subject and its purpose. In our case, the subject of knowledge (the doctrine of administrative law) constitutes a complex and multidimensional systemic phenomenon, the harmony of which is bound by the pluralism of legal understanding of the substantive essence of administrative law. This determines the methodological pluralism as a stable structure, into which methods are integrated in a separate segment, including: narrative, historical-genetic, taxonomy, periodisation, comparative-synchronous, comparative-diachronic, etc. Notably, the study used a unique resource of the dialectical method as a basic one, which allowed to explore the qualitative changes in the phenomenon of the administrative law doctrine, its components, systemic, comprehensive understanding, etc.

The method of semantic analysis is used to specify the content of the subject matter terminology ("administrative law", "legal doctrine", "doctrine of administrative law", "structure of the doctrine of administrative law", "system of doctrine of administrative law", "features of doctrine of administrative law", "components of the doctrine of administrative law", etc.), and the logical-legal method is used for the development of basic elements of such a subject matter terminology. The comparative legal method allowed to characterise the integrative features of the doctrine of administrative law, its components and defects in the use of their resources upon the statutory consolidation in the conditions of modern state-building and law-making. The system-structural method allowed to consider the latest doctrine of administrative law as a systemic multifaceted phenomenon, to identify components of the doctrine of administrative law, features that form its uniqueness, especially in modern conditions of radical revision of its essence, content, and purpose, to consider it as: a) an established set of views, ideas, and positions generated by legal science and mediated by legal practice; b) the collective opinion of reputable legal scholars on the main issues of legal regulation and other administrative and legal phenomena; c) statutory material, which reflects the principles and values of the state, local government, and civil society; d) a certain type of legal understanding, according to which a holistic administrative and legal system functions and develops. The methods of forecasting and modelling facilitated the development of an original understanding of the "doctrine of administrative law" and recommendations for its use to form an innovative scientific basis for modern rule-making and law enforcement activities.

Knowledge of different aspects of the subject matter is achieved through the use of methodological diversity, mutual correlation of methodological sets, directly adapted to the study of anthropological, phenomenological, sociological, ontological, epistemological, cultural, historical, system-structural, axiological, and other aspects and features. Thus, it can be argued that it is precisely the methodology used in the study that ensured the following: a) objective knowledge of the systematic nature of the doctrine of administrative law; b) patterns of evolution of its subject, structure, and system; c) the development of new knowledge about the impact of doctrine on administrative law theory, branch-related rule-making and branch law enforcement.

RESULTS AND DISCUSSION

The concept and term "legal doctrine" is used conventionally both in statutory and research sources. Therewith, the Ukrainian legal science has no generally accepted understanding of legal doctrine. Much of the discussion on this matter focuses on issues of its legal nature, the correlation with the forms and sources of law, legal science, legal theory. Thus, V.V. Kopeichykov considers legal doctrine as a set of scientific knowledge about a particular legal phenomenon which, under appropriate conditions, can be developed into legal theory with a greater or lesser degree of generalisation [13]. Instead, V.V. Dudchenko does not deny the identification of doctrine with legal theory. In this regard, she writes that the term "legal doctrine" is used as a) a philosophical and legal theory, b) opinions of legal scholars on law-making and law enforcement, c) scientific articles of authoritative legal scholars, d) comments on codes and laws [14]. Notably, the above fragment mentions differing judgments, some of which are recorded in scientific articles and some of which are the thoughts of legal scholars, objectified in some other way. The textbook "General Theory of State and Law" edited by M.V. Tsvik and O.V. Petryshyn notes that legal doctrine traditionally belongs to the secondary sources of both Romano-Germanic and AngloSaxon law, manifesting itself in the scientific articles of prominent legal scholars and constituting conceptual ideas, theories, and views on the reality of state and law [15].

The textbook "General Theory of Law", edited by M.I. Koziubra, presents the legal doctrine as one of the oldest sources of law, which includes the work of well-known legal scholars who can be used to resolve legal cases. The legal force of these provisions is conditioned, firstly, by the fact that they reflect the legal reality, the idea of law, the content of law, which constitutes the expression of certain social realities and interests, and secondly, by respect and trust in legal scholars on the part of the society, especially among practicing lawyers [16]. The opinion is expressed that the legal doctrine constitutes an act- document that contains conceptually designed legal ideas, principles developed by scientists to improve legislation, understood by society and recognised by the state as mandatory [17]. The third volume of the Great Ukrainian Legal Encyclopaedia presents legal doctrine as a holistic and logically consistent set of ideas and scientific views on law, acknowledged by the legal community, which constitutes the basis of professional legal consciousness and the conceptual framework of rule-making, law enforcement, law interpreting activities [18]. The legal doctrine is similarly described in special researches concerning its nature, concept, structure, and meaning [19]. For example, E.Yu. Polianskyi writes that in general, legal doctrine should be understood as a set of ideas and principles, as well as legal institutions that are inextricably linked with legal science, legislation, and practice; it should determine the basic principles on which the legal system of the state is based. The doctrine originates in the past, directly regulates the law of the present, defines the law of the future, and constantly functions as a dynamic category that ensures the further development and improvement of law. The legal doctrine of the state, or general doctrine, includes all knowledge that meets the general requirements of the current theory of law, reflected in the law and used in practice [20].

Appropriate analysis of the concept of legal doctrine is contained in the study by V. Semenykhin, who supports its recognition as one of the most influential sources of law, and also considers it as an important link between legal provisions and legal practitioners. Semenykhin believes that the results of rule-making activity reach the practitioners through a "sieve" of interpretive activity of scholars, who specify and convey the content of legal prescriptions to the reader in plain language. If necessary, they also supplement, improve, and clean them from various defects - discrepancies, ambiguity, or vagueness of wording in legal acts, etc. [21].

Despite the pluralism of opinions on some attributes of the concept of legal doctrine, there are reasons to state the existence of a consolidated position of the representatives of the theory of law on the most important provisions of its content. Notably, the achievements of Ukrainian scholars on this matter in many cases coincide with the views of authoritative European lawyers, who emphasise that the doctrine creates a framework of terminology and concepts for law-making and law enforcement, methodologically provides interpretation of statutory material, formats legal understanding of the legislator [22], and correlates it with historical sources [23]. Provisions outlined within the philosophy and theory of law have methodological significance for branch-related legal disciplines. They test the content of knowledge accumulated by them, their system integrity, the logic of their conclusions, theoretical models and hypotheses, determine the methodological reflection, determine the relevance of potential research. The above, with corresponding caveats as to the features of the structure and system, subject, sources, methods, and principles, is perceived as fair point in administrative law. To state this, it is sufficient to compare the above definitions of legal doctrine, which are based on the theory of law, with branch administrative and legal definitions. In fairness, there is another opinion. Thus, P.P. Sierkov is convinced that the theoretical multiplicity and controversy on many issues of administrative legal science has led to the fact that the doctrine of administrative legal regulation does not allow real and systematic development of relevant areas of modern law [24]. In the fundamental five-volume edition "Legal Doctrine of Ukraine", the doctrine of administrative law is defined as a set of theoretical ideas and views on goals, objectives, principles, components, main directions, and ways of development of administrative law as a branch of law of its sub-branches and institutions [1]. Various aspects of the doctrine of administrative law are intensively studied by Ukrainian lawyers in dissertations, monographs, scientific articles, and are published at conferences, forums, round tables, seminars, etc. As a systemic product, the phenomenon of administrative law doctrine is described by the unity in relation to the environment (integrity) and diversity of relations with the environment; the structure of administrative law doctrine, the presence of relatively independent components in its system; the presence of integrative properties, i.e. the determinant features of doctrine as an entity, which constitute the result of the interaction of its components; the presence of contradictions that are the driving force of self-development of the system within this very system (between the components that formed it); historicity of the phenomenon of "administrative law doctrine", the presence of development over time, "historical basis" and the experience of the past [25].

1. Unity in relation to the environment (integrity) and diversity of connections with the environment - this is a dual feature of the doctrine of administrative law, which constitutes an important feature with regard to its recognition as a systemic entity. It makes the doctrine a subsystem of another, more complex system. The doctrine of administrative law is a subsystem of at least two systems: administrative law theory and the doctrine of law. It is connected with administrative law theory by the fact that it represents a legallogical (mental) paradigm (model, logical-theoretical construction, scheme, means, and method) of this branch of law. As part of administrative law theory, it standardises: a) a proper doctrinal understanding and interpretation of administrative law, b) the parameters of its interference with reality. Connections with the general legal doctrine lies in the plane of mutual perception of research achievements, delimitation of administrative law with other branch-related formations, maintenance of the account of administrative statutory material in statutory material of other branches of law (and vice versa, ensuring that the statutory material of other branches of law is considered in the administrative statutory material), determination of identities or differences in the genesis of legal phenomena, etc.

2. The structure of administrative law doctrine, the presence of relatively independent components in its system is also an important attribute. Determination of the components of administrative law doctrine can be performed according to various criteria, which are conditioned by the objectives of the study and the specific features of the scientific views of the researcher. Thus, for example, S.V. Baturina outlines the following components among the substantive features of the doctrine: a) legal knowledge, b) legal values, c) legal experience, d) legal traditions, e) legal dogma, e) legal empiricism [26]. Such a proposal does not raise fundamental objections. Therewith, to understand doctrine as a system, it is appropriate to determine the components that would in themselves represent substantially meaningful, organisationally multifaceted, dialectically interdependent system formations capable of interacting to generate integrative properties of the system "administrative law doctrine". Analysing the statutory material from such standpoints, it is easy to see whether the legislator pays attention to the adoption of acts of doctrinal, conceptual, strategic aspect, and application of similar conceptual constructions in their titles and texts. These are, for example, "Communication Strategy in the Sphere of Prevention and Counteraction to Corruption"¹, "Concept of Development of Mountain Territories of the Ukrainian Carpathians" Communication strategy No. 576-r in the field of preventing and combating corruption. (2017, August). Retrieved from https://zakon.rada.gov.ua/laws/show/576-2017-p#Text. The concept of development of mountain territories of the Ukrainian Carpathians No. 232-r. (2019, April). Retrieved from https://zakon.rada.gov.ua/laws/show/232-2019-p#Text., "Maritime Doctrine of Ukraine until 2035" Maritime doctrine of Ukraine No. 232-r for the period up to 2035. (2009, October). Retrieved from https://zakon.rada.gov.ua/laws/show/1307-2009-n#Text., "Military Medical Doctrine of Ukraine" Military medical doctrine of Ukraine No. 910. (2018, October). Retrieved

from https://zakon.rada.gov.ua/laws/show/910-2018-n#Text., "National Doctrine of Physical Culture Development and Sports" Decree No. 1148/2004 on the national doctrine of development of physical culture and sports. (2004, September). Retrieved from https://zakon.rada.gov.ua/laws/show/! 148/2004#Text., etc. The texts of documents also contain the term "concept note" Procedure for selection of state investment projects No. 571. (2015, July). Retrieved

from https://zakon.rada.gov.ua/laws/show/571 -2015-n#Text..

In the literature, the terms "doctrine", "concept", "strategy" are often identified, and the legislator is not very careful upon distinguishing between them, therefore there is a need to find grounds for a clearer definition of their correlation. In official sources, the term "doctrine" can be defined, firstly, as a document (Recommendations of parliamentary hearings No. 827-VIII on the topic: "On the military medical doctrine of Ukraine" dated 25.11.2015¹); secondly, as a set of views, scientifically sound principles, common organisational requirements for the establishment of relevant activities (Military Medical Doctrine of Ukraine); thirdly, as a system of conceptual ideas and views on the role, organisational structure, and tasks for the functioning of the subject (National Doctrine of Physical Culture and Sports). The functions of the doctrine at the official level are called, firstly, the definition of strategy and main directions of further development (Maritime Doctrine of Ukraine); secondly, to be the basis for the development of regulations; thirdly, to be the basis for the development of guiding documents (Military Medical Doctrine of Ukraine); fourthly, to play the role of the bearer of concepts, conceptual ideas (National Doctrine of Development of Physical Culture and Sports). Notably, the official documents entitled "concept" and "strategy" are adopted at both the state and regional levels. For example, the Development Strategy of the Kyiv Oblast for 2021-2027 - approved by the Order of the head of the Kyiv Oblast State Administration No. 695 of November 29, 2019 Recommendations of the Parliamentary Hearings No. 827-VIII on the topic: “On the Military Medical Doctrine of Ukraine”. (2015, November). Retrieved from https://zakon.rada.gov.ua/laws/show/827- 19#Text. Development strategy of Kyiv Oblast No. 695 for 2021-2027. (2019, November). Retrieved from http://koda.gov.ua/oblderzhadministratsija/publichna-informatsiya/strategiya-rozvitku-kiivskoi- oblast/.; the Concept of territorial development of Kyiv Oblast - approved by the Order of the head of the Kyiv Oblast State Administration No. 591 of July 19, 2007 The concept of territorial development of Kyiv Oblast № 591. (2007, July). Retrieved from http://koda.gov.ua/normdoc/pro-skhvalennya-proektu-koncepcii-teri/.; Communication strategy in the field of prevention and counteraction to corruption - approved by the Order of the Cabinet of Ministers of Ukraine No. 576-r of August 23, 2017 Communication strategy No. 576-r in the field of preventing and combating corruption. (2017, August). Retrieved from https://zakon.rada.gov.ua/laws/show/576-2017-p#Text.; the Concept of training specialists in the form of dual education model - approved by the Order of the Cabinet of Ministers of Ukraine No. 660-r of September 19, 2018 Order No. 660-r “On approval the concept of training specialists in the dual form of education”. (2018, September). Retrieved from https://zakon.rada.gov.ua/laws/show/660-2018-p#Text.. There are no documents called "doctrine" at the regional level. This can also be considered in favour of the dominant position of the phenomenon "doctrine" in the triad "doctrine - concept - strategy".

Analysis of scientific sources that address the distinction between the phenomena of doctrine, concept, and strategy gives grounds to believe that the views of scientists are not fundamentally different from the vision of the legislator [27]. Thus, V.B. Averianov, in his reflections on the new doctrine of administrative law, sees the concept of administrative torts, the concept of administrative sanctions, etc. in its system [28]. R.S. Melnyk explores the concept of "human-centredness" as one of the components of the doctrine of modern administrative law [29]. The clearest position in this regard is occupied by P.D. Barenboim, who insists that "doctrine" is a higher systematic development of an important problematic issue of law as against the term "concept" and therefore it may include several concepts. Thus, the phenomenon of administrative law doctrine in relation to strategies, concepts, laws, and other acts of administration, research, investigations, proposals, conclusions, etc., serves as a theoretical dominant, a guiding principle, a complex attitude.

They are integrated into the doctrine, and the implementation of each of them ensures the implementation of the doctrine at large.

1. The presence of integrative properties, i.e. determinant features of "doctrine" as an entity, which constitute the result of the interaction of its components. Thus, the interaction of these components generates for the system (of administrative law doctrine) such properties that act as its features and do not constitute features of each of the components. A simple, schematic example of such solvation can be the interaction of traffic rules, building rules of the city of Kyiv, the rules of improvement of the city of Kyiv. Its results are the concepts of development of parking and pedestrian space, introduction of intelligent transport system, automated traffic management system, which are the features of the Kyiv City Development Strategy. In the given case, the integrative properties of the system "administrative law doctrine" should recognise: clearly and consistently unified framework of concepts and categories; continuous process of ordering of summative fragments in system components; generation of scientifically sound guidelines for the areas of law-making, rule-making, law enforcement; the ability to integrate individual scientific opinions into the public consciousness; to form knowledge about the unity and differences of the interacting components of the system; to determine the need to improve the quality of administrative law material; to ensure the evolution of the subject and theory of administrative law; to outline criteria of the uniform scientific approach to understanding of administrative law institutes and their elements; to stimulate the development of internal relations between administrative law by the relevant legislation and academic disciplines; to determine the laws of development of administrative law and to the principles of administrative law on their basis.

2. The presence of contradictions within the system (between the components that formed it) that are the driving force of self-development of the system. There are no phenomena in public life that are outside the process of development. The system of administrative law doctrine is no exception to this rule. The driving force behind its evolution are internal contradictions, conflicts, discrepancies, and contradictions. Their detection and launch of coordination mechanisms give rise to the dynamics of selfdevelopment of both structural components and the system at large. These processes are objectified in the problems of administrative legal framework and efforts to solve them. These are, for example, problems of harmfulness and public danger of administrative misconduct, administrative responsibility of a legal entity, the ratio of administrative process and administrative procedure, reform of the Code of Ukraine on Administrative Offenses, the legal nature of official relations, etc. Research on problematic issues of administrative law generates new knowledge and enriches the content of administrative law doctrine [31].

3. The historicity of administrative law doctrine, the presence of development over time, the historical basis, and the experience of the past. Correct, objective, impartial understanding of social transformations, changes in legal policy and regulatory support of legal practice, as well as the treatment of branch-related problems, is impossible without recourse to the historical and philosophical treasuries of administrative law. For modern Ukrainian administrative legal science, recourse to historical heritage has become an important source of updating and replenishing modern knowledge about the regulation of relations by means of administrative law [32; 33]. Borrowing the achievements of previous times, the science of administrative law is constantly moving forward [34].

CONCLUSIONS

The analysis of the studied literature allowed to make important generalisations about the understanding of the administrative law doctrine. Firstly, it testifies to the globality and universality of this category; secondly, the identity of the genesis of concepts and definitions used to interpret its content, characteristics, features, essence, attributes, qualities, etc.; thirdly, it allows to consider the doctrine of a systemic product of legal scientific interpretations developed and concentrated in the space of administrative law, which have gained a well-established understanding in the field of understanding legal phenomena. Administrative law doctrine is integrated by: a) an established system of views, ideas, and provisions generated by legal science and mediated by legal practice; b) the collective opinion of authoritative legal scholars on the main problems of legal regulation and other administrative phenomena; c) statutory material which reflects the principles and values of the state, local self-government, and civil society; d) a certain type of legal understanding, according to which a holistic administrative system functions and develops. Thus, the administrative law doctrine, as a systemic entity, provides the overall substantive unity of the administrative legal framework with help of its integrative properties, ensures its internal differentiation and organic dependence on the essence of law, the interrelation with forms of expression, informativeness, predictability, stability of elements.

According to the logic of historical development, one of the important conclusions of the study of the interaction of the components of the system of administrative law doctrine is the recognition of the feature of legal succession in local doctrines of administrative law, existing at different stages of its evolution. This integration feature, firstly, expresses the inseparability of the process of cognition of administrative ideas, principles, theories, concepts, methods, and forms generated at different evolutionary stages, and secondly, ensures the preservation and organic implantation in modern understanding of all that was gained by predecessors. Each step of the science of administrative law is prepared by the previous stage and each of its subsequent stages is naturally connected with the previous one.

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