The Issue of Public Officials’ Promises in the Light of Philosophy of State
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Author(s)
Author(s)
The Issue of Public Officials’ Promises in the Light of Philosophy of State Rafik KHANDANYAN
The legal nature of promises of state bodies has not become a subject of discussion in the theory and philosophy of Soviet and Post-Soviet Law. Issues related to the promise/assurance of an administrative act and its legal consequences are studied in more detail in the doctrine of German administrative law. Moreover, positive legal provisions on the promise of an administrative act exist in Germany.
The results of studying the promise in this article will be presented in a deductive methodology (from general to specific). The article will present:
First, within the framework of the types of law enforcement, theoretical approaches about the legal nature of the promises made by officials, their place in the system of sources of law (philosophical and legal plane);
Second, the essence of the promise made by an official as a performative act, types of promises and connection with the doctrine of legal expectation (theoretical and legal plane);
Third, judicial practice of consideration and resolution of disputes related to the promise made by administrative bodies.
The authors conclude that the fulfillment of public promises of high-ranking officials is not only a moral duty, but also causes political and legal consequences.
