In the legal literature, according to tradition, the concept of “administrative-legal regulation mechanism” is used. Meanwhile, according to some lawyers, it is more advisable to talk about the system, and not about the mechanism. In this case, you can comprehensively consider the essence of administrative law, understand its logic of impact on public relations, highlight the key elements of this industry.
One of the main components of administrative law is administrative law. Let us further consider their features.
General information
The norms of administrative law, examples of which will be given below, are formulated in federal, regional legislation, presidential decrees, government decrees, instructions, orders, orders of federal executive structures, as well as in other acts. These elements are central to the system. In the absence of administrative law in the structure of administrative law, it will cease to function at all.
Application of legal provisions
This process is also the most important link in the regulatory structure. The final result of their impact will depend on the quality of implementation of administrative law.
Actors applying the provisions must have a high level of managerial culture, the knowledge necessary to exercise authority, and experience. The application of administrative law is a complex process. In the course of it, various kinds of conflicts (contradictions) arise, ambiguities, problems, and, accordingly, the need for interpretation of certain provisions in case of disagreement between participants in legal relations, doubts about the correctness of actions, constitutionality of the provisions. In the latter case, the activity of the Constitutional Court is of great importance.
As a result of the application and interpretation of the rules, authorized entities make appropriate decisions (court orders, law enforcement acts, etc.).
Administrative Legal Relations
They are considered as the third key element of the system. In fact, the main goal of regulation is the establishment of managerial relations regulated by administrative law. This goal is achieved not only through the creation of legal provisions, but also through their application in practice.
Participants in administrative relations have certain duties, rights and responsibilities.
Administrative law
Like the provisions of other legal sectors, they represent the rules of acceptable behavior established by the state in the person of its representative or executive structures for subjects of managerial relations. Compliance is ensured through a state enforcement mechanism.
There are a number of signs by which industry standards can be distinguished. In administrative law:
- Public interests are secured.
- Management relations are regulated on a special organizational basis.
- The subjects of law are unilaterally affected by the state.
Scope
The norms of administrative law regulate public relations arising from the implementation by executive bodies of the federal and regional levels of their authority. In addition, they regulate the interaction of local authorities with other participants in the management process. The latter should include state organizations, institutions, enterprises or a legal entity in which the share of state property predominates.
A lot of administrative law norms regulate the legal relations arising during the decision by state structures, the prosecutor's office, the court of issues related to the selection of personnel, the appointment of operational employees, the establishment of requirements for them, the performance of the service, the responsibility of employees and other intraorganizational relations that are within the competence of these bodies.
In addition, the provisions regulate the functioning of public, non-governmental organizations, institutions, enterprises (audit firms, consumer protection societies, commercial banks), the work of certain authorized persons (private notaries, for example) in the exercise of public authority.
Thus, we can conclude that administrative legal norms are provisions governing:
- Relations arising in the sphere of the exercise of powers by executive government agencies, local administration, public, non-profit and other non-governmental organizations in the implementation of certain managerial functions.
- Domestic public legal relations related to other areas of the state apparatus. It is, in particular, about the work of legislative bodies, the court, the prosecutor's office.
- Relationships arising from the use of coercive measures.
Classification
Let us consider in detail what norms governs administrative law.
At the present stage of development of the market system, it is advisable to divide the legal provisions aimed at ensuring the defense capability of the state, public security, law and order, nature protection, tax collection and other payments. They are called protective. Regulatory norms of administrative law regulate relations arising in the framework of the activities of public and private commercial associations related to the resolution of disputes between individuals, state bodies, entrepreneurs, local government institutions, etc.
Protective provisions enshrine mandatory rules of conduct, restrictions, and prohibitions on the commission of certain actions. Regulatory norms of administrative law are legal instruments that govern the application of different rules: notifications of the start of activities, licensing, registration procedures, conclusion of management agreements. They also include incentive, incentive provisions.
Substantive administrative law
These provisions legally consolidate the duties, rights and responsibilities of participants in managerial relations, that is, the administrative and legal status (status) of authorized structures and their officials. These norms govern the activities of not only executive structures, but also other entities.
The material administrative and legal provisions stipulate prohibitions, restrictions on the commission of certain actions, sanctions for violations, the competence of bodies to hold perpetrators accountable.
Based on the legal content, these norms can be divided into:
- Binding. They prescribe the commission of certain actions.
- Prohibitive.
- Restrictive.
- Permissive (permissive). This category includes, for example, licensing rules. They allow the implementation of certain activities, including foreign economic, in the presence of a special document.
- Authorizing (authorizing). They reinforce the possibility of transferring certain powers to specific authorities.
- Incentive. These provisions serve to stimulate knowledge-intensive, economic and other activities, to ensure the proper conduct of subjects of administrative law.
- Notification / registration. They fix, for example, the rules for rallies, demonstrations, marches, the registration procedure of enterprises of various forms of ownership, public associations, entrepreneurs, etc.
- Recommender. They do not have a binding character. They contain recommendations for choosing a particular model of behavior. Often, such norms are reinforced by incentive measures.
Procedural provisions
They fix the order, rules, procedures of law-making, law-enforcement and jurisdictional activity of government structures and other participants in administrative-legal relations. The rules of administrative law govern the actual implementation of the provisions. Moreover, in each individual institute of the industry, very specific procedures and rules can be identified. So, for example, the rules of procedure at the civil service institute are the provisions on the procedure for entering the civil service, the procedure for moving an employee, performing the service, the rules for attestation, awarding special ranks, ranks, dismissal, disciplinary proceedings, etc.
Other classifications
Depending on the form of the order, the norms are divided into imperative and dispositive. The former are binding, the latter provide for the possibility of choosing one or another variant of resolving the situation.
Depending on the addressee allocate administrative and legal provisions governing:
- Organization and activities of the executive branch.
- Formation and work of the local administration.
- Administrative and legal status of municipal and civil servants, officials of management structures.
- The organization and functioning of public associations, other non-governmental organizations for the exercise by them of state-power authority within their competence.
- Formation and operation of institutions and enterprises, the predominant share of capital of which consists of state funds.
- The administrative and legal status of public associations, non-profit and commercial non-governmental organizations, citizens, as well as legal instruments to protect their interests, freedoms and rights.
Depending on the extent of application, the provisions may be territorial (operating within specific areas), local (established by municipal authorities), federal (operating throughout the country), regional (extending to a specific subject of the Russian Federation), local (established in organizations, enterprises, concerns, associations, etc.).
In terms of the volume of regulation, the norms are divided into compulsory (cover all participants in administrative legal relations), intra-industry (apply to lower executive bodies, enterprises, institutions, etc.), industry, inter-industry, general.
Depending on the nature of the action over time, provisions may be urgent and unlimited. The first are put into effect for a specific period. For the second, the period of application is not limited.
Only those administrative legal norms that are approved within the competence of the relevant bodies included in the public administration system have legal force, and in the cases stipulated in the legislation, the procedure for the entry into force of the rules has been followed.
Structural elements
Traditionally, three components are distinguished in the structure of an administrative legal norm:
- Hypothesis.
- Disposition.
- Sanction.
Using the hypothesis, the conditions are determined in which the requirements of the relevant administrative law should be applied. At its core, this structural element consolidates the circumstances that serve as the basis for the emergence, termination or change of managerial legal relations.
In most administrative and legal norms, including those regulating the organization and activities of competent executive structures, as well as determining the powers of these bodies and their employees, the hypothesis is not used. In the provisions establishing responsibility for administrative offenses, this structural element is combined with disposition.
The hypothesis may not be present directly in administrative legal norms, but in general provisions of a legal act (in the preamble, introductory part) or other blocks of a normative document.
Disposition serves as a formulation of a model of appropriate behavior. This structural element of the norm of administrative law is manifested in direct requirements, through which mandatory rules, prohibitions and restrictions on the commission of certain actions are established.
A sanction is used to indicate a measure of responsibility. It is used to identify violations of the provisions contained in the administrative law. As a rule, sanctions contain a measure of administrative or disciplinary action on the perpetrators.
Conclusion
Administrative law is one of the most important legal sectors. Management relations, regulated by its norms, have a complex structure. For the proper regulation of administrative and legal activities, clear and unambiguous prescriptions are necessary that correspond to modern conditions.
Administrative legal norms are the most important instrument for regulating the organization and activities of executive structures, their interaction with other participants in relations. Their key functions are to protect the interests of all subjects of managerial relations, maintain law and order and the rule of law.
Of course, administrative law, like other legal sectors, is constantly changing. Both the norms governing managerial relations and the activities of the competent structures of the state administrative apparatus are being improved. At all levels of government, ongoing work is ongoing to develop the branch of administrative law. For this, domestic and foreign law enforcement experience is analyzed.