DEVELOPMENT OF APPROACHES TO AXIOLOGICAL GROUNDS, GOVERNING ADMINISTRATIVE PROCEEDINGS IN WORKS OF PHILOSOPHERS AND THINKERS OF GERMAN TRADITION

Abstract

In this article author reviewed the main axiological grounds of administrative proceedings formed by famous German scientists, as they have important role in modern development of approaches to legal regulation of administrative proceedings, as well of the system of legislation and law-enforcement practice. In this article author discussed examples of German approach to development of understanding of the system of administrative proceedings, generalized approached to legal regulation of administrative proceedings on the example of Estonian experience, made conclusions on the necessity to take into account the discussed examples for development of domestic law-enforcement practice. Author considered the notion of offence as central for many procedural sciences, that takes important place in administrative law and process, an important legal category, connected with definition of the essence, role, features of a state power-based impact on a wide range of people, that had been formed during ХVIII century. Fixation of the collective will while application of sanctions for offences must consider not only the will of the state, but also of those persons, that have deciding voice in the state on development of state policy, it’s realization, application of the methods of state punishment, in this respect author has formed proposals regarding development of the mentioned notion with respect to European categories “common good”, “common interests”, “public interests”, “private interest”.