STATE AND MUNICIPAL ADMINISTRATIVE LEGAL ACTS IN THE MECHANISM OF CIVIL LEGAL REGULATION OF CONTRACTUAL RELATIONS

Abstract

Purpose. To study the role of state and municipal administrative legal acts in the mechanism of civil law regulation of contractual relations in a market economy and the operation of new civil legislation, and, first of all, to identify the directions and nature of the regulatory impact of such administrative acts. Methods. General scientific methods of cognition (historical and systemic approach, analysis and synthesis, analogy and typology), as well as special legal methods of scientific research (including formal-legal method, comparative legal method, legal modeling method). Results. The importance of administrative acts in the era of the socialist planned economy, the impact of planned acts on the economic contract is shown. In principle, the role and scope of administrative regulators in the sphere of economic relations in a market economy is characterized. The concepts of state and municipal legal acts are defined. The place of administrative acts in the mechanism of civil law regulation of contractual relations has been revealed, it is shown that they are an optional (optional) element of this mechanism and serve as a non-normative legal regulator. The directions of the regulatory impact of state and municipal administrative acts have been studied. Scientific novelty. Original definitions of state and municipal non-normative legal acts are offered (here, the scientific novelty consists in the collection of essential signs of an act and the presence in them of such a feature as the submission of an act to the regime of administrative law). For the first time, the directions of the regulatory impact of state and municipal administrative acts have been systematically defined and described, namely, the conclusion and termination of the contract, the content of the contract, the content of the contractual relationship, contractual conduct and the actual contractual relationship. A new conclusion has been drawn in civil law that administrative acts providing for the obligation of the parties to include certain conditions in a contract or to change the terms of a previously concluded treaty directly affect the content of the contract as a legal act and indirectly (through contractual conditions formed under the influence of administrative acts) contractual legal relationship, and through the latter non-negotiable behavior and the actual contractual relationship.