Administrative Law

Administrative legal norms constitute an imperative state order (decree). They are compulsory and have a structural organization. The implementation of administrative law provides for the regulation of public interactions of a managerial nature. These relations are formed in various spheres of social life.

Administrative legal norms have a number of features. So, all the requirements considered are considered a kind of legal provisions. In the application of administrative law, specific managerial relations act as an object of regulation. The provisions under consideration represent a means of expression (realization) of public interests in the field of public administration.

Administrative legal norms are established by authorized state bodies, local government agencies, the administration of organizations, institutions, enterprises.

The provisions under consideration are included in the structure of legal acts endowed with different legal force. Such acts include, for example, laws, by-laws.

All administrative legal norms are endowed with a representative and binding character, and are provided with special measures of state coercion. The purpose of these provisions is to maintain the necessary managerial order. Certain types of administrative law are used to regulate social interactions, which are the subject of other legal sectors (environmental, land, financial, labor, etc.).

The structure of the provisions under consideration is an internal structure, a complex of elements connected logically. The components of administrative law include:

  1. Hypothesis. This part indicates those conditions in the formation of which the position (norm) begins to act.
  2. Disposition. This component contains certain rules for the established (proper) behavior of management participants.
  3. Sanction. This element indicates the consequences that occur when the disposition is disturbed.

Among the main types of administrative law should be highlighted:

  1. In accordance with the subject of regulation: material and procedural. In the first case, the provisions consolidate the legal status of managerial relations and directly regulate them. Procedural norms determine the procedure and conditions for the implementation of material provisions.
  2. In accordance with the functions: regulatory, protective. Regulatory norms govern positive (objective) managerial interactions. Protective provisions relate to the protection of relations.
  3. In accordance with the method of legal regulation: imperative, recommendatory, dispositive, encouraging. Peremptory norms include categorical prescriptions, requirements related to a variant of behavior within the scope of management. Dispositive provisions provide for the possibility of choosing a behavioral option according to the presented legal alternative. Recommended standards provide for the proposal of the most appropriate (effective) way to solve a particular problem. Incentive provisions contain incentive measures that apply to participants in interactions if there is any merit in the actions.
  4. In accordance with the content of the prescription: prohibiting, binding, empowering. The former contain legal prohibitions on the implementation of certain activities in the field of public administration. Binding provisions consolidate the obligations of the parties to the relationship, prescribe specific behaviors. The last group includes norms that enshrine the subjective rights of the parties to interactions. Thus, the person’s ability to carry out activities at his discretion is expressed within the framework of the established requirements.

Source: https://habr.com/ru/post/F2735/


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