The work is devoted to the study of practical aspects and features of the application of both general and special (profile) principles, which are the basis for the implementation of public administration in the field of land relations in relation to lands of state and municipal ownership. It has been established that in the theory of national law the issue of classification of principles of law has been worked out in detail, however, in the modern science of administrative law such an issue has been studied fragmentarily. It has been studied that the principles of law have the following properties: they are universal; ensure stability and sustainable development of the entire legal system; determine the directions of law-making and law-enforcement activities; are a means of overcoming gaps in the law, correct interpretation of legal norms; reflect the state of legal consciousness in society. The principles of public administration in the field of land use of state and municipal forms of ownership are guiding, fundamental ideas, principles that reflect objective regularities and essential components of public administration in this area. The definition of the principles of public administration in the field of land use of state and municipal forms of ownership is due to the need to specify its essence, fill gaps in the legislation, including with the aim of forming a consistent judicial practice. In turn, judicial practice forms the limits of the application of analogy of law to eliminate gaps. Thus, according to the position of the Supreme Court as part of the panel of judges of the Cassation Administrative Court in case No. 640/23179/19, analogy of law and analogy of law are allowed for application by an administrative court exclusively for the purpose of effective protection of the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by subjects of power and only in the case of the total absence of a law regulating the relevant legal relations 1. The results of the study found that, despite the presence of a large number of scientific studies in both the theory and philosophy of law, as well as in industry sciences, the substantive component of principles as a legal category remains uncertain, which also indicates the relevance of this research topic, which, in particular, will contribute to the qualitative improvement of the issue of public administration in the land sector.
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I. M. Lyash
Al-Azhar University
V. V. Nezhevelo
Universitat de Barcelona
Uzhhorod National University Herald Series Law
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Lyash et al. (Tue,) studied this question.
synapsesocial.com/papers/68a36dd90a429f7973330f4a — DOI: https://doi.org/10.24144/2307-3322.2025.89.2.43