Socialistinės teisės tradicijos pavyzdžiai šiuolaikiniame statybos santykių teisiniame reguliavime
Construction can be seen as a field that has undeniably important results for both present and future society. In terms of administrative law, it is also notable for intense and detailed legal regulation that is constantly being improved. But despite legislative efforts, the results of this activity often fail to meet the expectations of its participants and society. The article raises the hypothesis that the reason for this may be a political and social revolution in the state 25 years ago that was not fully realised. This hypothesis is suitable for the analysis of specific examples of legal regulation in construction, and comparing them to the features of social law examined in the law doctrine. The article provides only some of the examples collected during the study, but is sufficient to identify legal paternalism, actions of institutions based solely on their discretion, and disproportionate state intervention in relations of private persons. It can therefore be recognised that legal measures characteristic of the tradition of social law are still applicable in this field. Applied in conjunction with faster-developing public administration law, freedom of contract and other legal principles, they cannot give the results expected of them.
- Straipsniai / Articles