The Adaptation of the Institute of Contract in Administrative Law: Theoretical Insights
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Abstract
The phenomenon of a contract and the application of the contract-based technique of legal regulation in administrative law manifested itself differently in the legal systems of different countries. One of the most pronounced forms of this manifestation is the formation of the institute of administrative contract. In the present article, the author analyses the conditionality of the application of a contract in administrative law by evaluating this phenomenon in relation to the content changes in the administrative law itself, i.e. by treating it as a factor determining the changes and, at the same time, as an indicator reflecting the changes.
The environment in which the classical administrative law formed determined the fact that for a long time the peculiarities of the nature of administrative legal regulation were represented by an institute of an ex-parte administrational act. Historically, the phenomenon of the penetration of the elements of private law into administrative law during the nineteenth and the twentieth centuries, which finally transformed into the formation of the institute of administrative contract, is to be considered as an indicator of the approximation between public and private legal regulation techniques. An intense development of the issues under the regulation of administrative law determines a demand to find new ways of the application of the possibilities of legal regulation techniques. Legislators, considering the quality requirements of legal regulation, establish certain zones of mixed legal regime, as the issues under the regulation of administrative and civil law are often intertwined. Such a situation has a direct influence on the formation of the institute of administrative contract, in which the peculiarities of administrative and civil legal regulation are combined.
The environment in which the classical administrative law formed determined the fact that for a long time the peculiarities of the nature of administrative legal regulation were represented by an institute of an ex-parte administrational act. Historically, the phenomenon of the penetration of the elements of private law into administrative law during the nineteenth and the twentieth centuries, which finally transformed into the formation of the institute of administrative contract, is to be considered as an indicator of the approximation between public and private legal regulation techniques. An intense development of the issues under the regulation of administrative law determines a demand to find new ways of the application of the possibilities of legal regulation techniques. Legislators, considering the quality requirements of legal regulation, establish certain zones of mixed legal regime, as the issues under the regulation of administrative and civil law are often intertwined. Such a situation has a direct influence on the formation of the institute of administrative contract, in which the peculiarities of administrative and civil legal regulation are combined.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
