CONCEPTS AND FEATURES OF ADMINISTRATIVE AND LEGAL RELATIONS IN THE FIELD OF PROVIDING STATE AID TO BUSINESS ENTITIES

Abstract

The article researches the characteristics of administrative and legal relations that arise in the field of state aid to economic (business) entities, provides a definition and analyzes the structure of this type of administrative and legal relations. The main features of administrative and legal relations in the field of state aid to business entities are identified, which include: 1) the emergence of such relations is carried out on the basis of administrative and legal norms; 2) administrative and legal relations in the field of state aid to economic entities are essentially a kind of public relations that reflect the public interest in the field of economic competition; 3) the rights and obligations of the parties of the relationship that is related with the realization of political decisions in the life and implementation of the laws of Ukraine by subjects of public administration in the field of competition policy; 4) one of the parties of the relationship is always a subject of public administration, that is endowed with powers in the field of competition policy; 5) the relations we research are power relations that is built on the principles of “power-subordination”; 6) the possibility of state coercion in conditions of the necessity to apply it to participants in administrative and legal relations, namely: during the execute of duties and realization of subjective rights, for example, the return of illegal state aid if it is declared inadmissible for competition; 7) violation of the administrative and legal norm in the field of state aid to business entities causes the responsibility of the violator to the state; 8) disputes arising from the violation of administrative and legal relations in the field of state aid to business entities are resolved in administrative and judicial proceedings. In summary, it is noted that administrative and legal relations in the field of state aid to economic entities are regulated by the rules of administrative law public relations, which are formed in the field of state aid to economic entities, when one or all participants are all participants are holders of power, which are related to the transfer of state or local resources to individual entities.