THE RATIO BETWEEN METHODOLOGY OF MODERN JURISPRUDENCE AND METHODOLOGY OF ADMINISTRATIVE LEGAL SCIENCE: CURRENT ISSUES

Abstract

Today, administrative law is a basic branch of Ukrainian law and an independent legal science that develops during active scientific work, one of the directions of which is to update the conditional boundaries of its systemic construction. Obviously and logically understandable that there are reasons for the existence in the scientific community of the opinion on the identity of methodologies of modern jurisprudence and the methodology of administrative law, or a sharper version of this opinion – the lack of general methodology of administrative law. The modern model of the ratio between the methodology of modern jurisprudence and the methodology of administrative legal science is analyzed in the article, and the following conclusions are made: 1. Systematic, holistic view of the methodology of the science of administrative law is seen not only as knowledge that confirms or refutes theoretical ideas, but reveals and explains the system of connections and dependencies between individual methods of modern jurisprudence, identifies their possibilities, determines their location in the overall structure along with other means. 2. Administrative and legal methodology is derived from the achievements of the general theory of the state and law, as well as from the philosophical methodological doctrine. 3. The specifics of administrative and legal science, its traditions and high efficiency make us talk about its uniqueness, including in the methodological issue, but only in the context of the mechanism of application of methodological components. 4. The conclusion about the derivative of the methodology of the science of administrative law is necessary for the implementation of the branch doctrine in the general legal construction. 5. At the moment, attention should be focused on the approach based on the systemic structure of methodological teaching, which is manifested in the subordination of the links of internal methodological components. In this case, the branches issues on the methodological questions will be confirm the existence of systematics in the legal methodology.