ADMINISTRATIVE CONTRACT AS A VARIETY OF THE REGULATORY AGREEMENT AND AS THE IMPLEMENTATION OF THE CONCEPT OF THE SOCIAL CONTRACT

The article attempts to derive a logical relationship between such concepts as social contract theory, the concept of a normative contract, as a means of regulating social relations, and a variant that the author is inclined to consider an administrative contract. In the course of the author's considerations, the Constitution of Ukraine is considered as the most obvious embodiment of the concept of a social contract. An attempt is made to substantiate the fact that, at the moment of changing the social order, a conditional, unwritten social contract changes, and only it, and not a formal succession in legal documents, even in the Constitution, is a source of legitimacy of the social order. Formal contradictions between the basic legal documents of different times are cited in support of these arguments, each of which cannot be formally legitimate within the previous system, which it abolishes. But the real testimony to such legitimacy is the support of the absolute majority of the new order, the conclusion (or change of conditions) of an unwritten social contract, which is confirmed by the Constitution, and the parties are the society and state institutions that express the will to abide by the constitutional provisions. However, social contract, because of its informal nature, in order to maintain its stability, feedback between the parties to the social contract requires detail and clarification in the form of normative agreements, one of the attractive types of which is an administrative agreement that defines legal relations in the field of public administration. According to the author, the more developed the system of administrative contracts, the more diverse the range of social and power institutions covered by administrative contracts, the more stable the social contract and the more issues in the sphere of governance are solved on contractual grounds, the less the need for social cataclysms. in order to update new public inquiries through another change in the social contract.