Even in the Middle Ages, people realized the fact that it is best to build state power on the basis of law and nothing more. This idea was largely developed by scientists of the Renaissance and the New Age. Today, the term “law” is not an innovation in the scientific world. No one is surprised at the existence of several branches of state power. All this testifies to the evolution of not only social relations, but also of society itself. The existing industry division of the entire array of legal norms makes it possible to regulate not only a certain line of relations in society, but also specific life situations much more efficiently, faster and more precisely. Of all the existing sectors, it is necessary to single out the one that is the connecting link between the state and directly its citizens or citizens. It is thanks to the presence of such a combination of legal norms that a person can interact with the authorities of his country on the basis of completely legal conditions. The article will discuss the branch of administrative law, as well as the methods that are used in it to regulate public relations. It should be noted that this industry is somewhat specific, which will be discussed in detail later in the article.
What is administrative law?
You must understand that any method of administrative regulation is a way of influencing social relations, which can be called the subject of a particular legal industry. In general, legal regulation is a whole process that has its own characteristics and specific factors, which will be discussed below. As for administrative law, this is a legal industry that regulates relations in the sphere of activity of state authorities, as well as officials in the process of fulfilling their official duties. Also, administrative law is regarded as a science. Today it is actively developing in the post-Soviet states and in some European countries. Administrative law is one of the training bases for professional practitioners. The method of administrative regulation is specific in nature. All because it affects both private and public interest.
The history of the development of administrative law in Russia
Initially, the industry as such did not exist at all. The administrative sphere was divided into several sectors: customs, educational, medical, police law. The main drawback of such a system was the fact that the source was a legal custom, as in international law. Thus, the subject of administrative regulation in general did not exist. Nevertheless, the impetus for the development of the administrative branch was precisely police law.
His subject was relations in the field of law enforcement,
crime prevention, and welfare of citizens. It was in this industry for the first time that the question of organizing internal management arose. It was necessary to ensure not only legal relations emanating from the state to the people, but also to streamline the mechanism of work in the state system itself. Thus, the concept of “internal management” is the cradle of the development of modern administrative law.
The subject of legal regulation in administrative law
As mentioned earlier, the subject of administrative regulation is public relations in the field of activity of government bodies and their officials. From here we can distinguish the most typical legal relations for this industry:
- Implementation of state activities aimed at protecting the rights, freedoms and interests of citizens. Law Enforcement.
- Settlement of disputes in a special procedural order.
- Ensuring public administration through the category of public interest.
- Organization of control in relations between the state and citizens, executive bodies and their officials, the state and legal persons, enterprises, etc.
- Organization of administrative rulemaking.
- Regulation of public relations, for which one or another method of administrative regulation is used.
Given all these aspects, we can conclude that through administrative law the organization of the internal mechanism in the authorities, as well as external action on citizens is ensured.
Classification of Administrative Relations
To date, scientists have formed a fairly extensive legal classification of administrative-legal relations, namely:
1. According to the legal characteristics of relations, procedural (are formed in the sphere of direct regulation in connection with the resolution of cases of an individual nature) and material (public relations of a managerial nature) are distinguished.
2. According to the ratio of duties and rights of subjects of administrative-legal relations , two groups are distinguished: relations of subordination and relations, where the participants are essentially equal. It should be noted that the latter type is very often criticized, because, according to many scientists, administrative and legal norms, based on their affiliation and the nature of the industry, cannot regulate relations between equal entities. There is always submission.
3. Based on a wide range of legal facts that give rise to legal relations, distinguish relations from legitimate and unlawful acts.
Each method of administrative regulation to one degree or another is aimed at regulating the presented legal relations. However, first of all, it is necessary to understand what legal regulation is and how it is implemented in the administrative industry.
What is the legal regulation?
Absolutely all branches of law exist to regulate certain social relations. Such a mechanism is simply necessary, because society, in its essence, looks like a crowd of young children who simply need to be constantly occupied with something, otherwise their activity will get out of control. Therefore, with the help of legal norms, coordination of society is carried out. Regulatory framework has a scientific definition. It is customary to decipher this mechanism as a deliberate process of influence by the state on social relations of one type or another. Such an impact is carried out through methods and legal means, depending on the type of relationship and the industry in which they exist. But the goal of legal influence is not only legal relations, but also individual entities. Regulatory regulation is a broad concept that includes methods as one of the ways to implement legal impact. The mechanism of administrative regulation is largely based on the methods of the management industry.
Two main methods of legal impact
The mechanism of administrative regulation based on two main methods, which are the basis of any regulation in general. It should be remembered that the method is a set of techniques and means used to influence the subject of a particular industry. Thus, a method is a complex concept corresponding to an institution or any other part of the legal system. Elements of the mechanism of administrative regulation are historically based on two main methods:
1. Imperative, which best meets the objectives of administrative law. The bottom line is that the subject can act exclusively in strictly authorized frameworks. At the same time, another option is unacceptable, because any deviations are fraught with the onset of responsibility. Also, an imperative method involves the use of coercive measures. It is inherent in public law industries.
2. A completely different design of legal relations involves a dispositive method. Subjects are given the opportunity to act at their discretion based on the existing legal framework. The method is inherent in almost all sectors, especially the private one. It is largely based on equality of arms.
It should be noted that the scope of administrative and legal regulation is so vast that it is impossible to get by with an exclusively dispositive method, because far from all subjects are equal. It is often necessary to resort to a method of imperious coercion, but other signs are inherent in the method of administrative regulation.
Signs of an administrative method
The method of legal regulation of administrative law It has a number of special features that have been formed under the pressure of those relations that directly constitute the sectoral mechanism. Thus, the following symptoms can be distinguished:
- The administrative-legal method is always a method of imperative prescriptions, since one side gives binding instructions to the other.
- The parties cannot change the nature of managerial type of legal relations in any cases.
- The parties do not have direct equality. One subject is always subordinate to another.
- The imperative of any regulation.
- Regulatory regulation is always centralized.
Techniques by which the method is implemented
It should be noted that the method of administrative regulation is implemented only through certain techniques that are actively used in the field of management industry. There are a number of basic techniques:
1. A prescription is a technique based on the fact that subjects will fulfill the requirements that are provided for by a certain legal norm. Failure to do so will not have any legal consequences, either negative or positive. The concept of administrative law significantly expands the idea of this method, because they are essentially elements of its implementation.
2. Through the prohibition, clear boundaries are set for what can cause extremely unfavorable consequences for the person of the offender. If the ban is violated, it becomes possible to apply certain measures of influence (administrative or disciplinary liability).
3. Permission is the most loyal way to implement the administrative method. The bottom line is that the subject is given the opportunity to choose one of several options for his behavior. As a rule, with the help of permission, legal relations related to the activities of officials are regulated.
There are also a number of other ways to implement the method of administrative regulation.
Specific administrative method implementation techniques
It is necessary to distinguish two tricks, which often implement the administrative method, but they are most often not mentioned:
1. The reception of administrative management is inherent in the sphere of power management in government bodies. The bottom line is that a superior employee is given the right to oblige any of his subordinates to perform any action or to perform a functional task.
2. The concept of a mechanism of administrative regulation gives an understanding that the impact on legal relations is made through the use of norms. The latter are taken from departmental regulations or are invented independently. This technique is called legal certification. Its essence is that the state authority has the right to issue special individual acts that confirm the existence of a specific set of rights and obligations.
Minor Methods
Other methods of regulation are also used in administrative law, but they are secondary because they do not allow to fully realize all industry functions. Thus, the secondary methods are:
1. Promotion. For high-quality compliance with their duties and the implementation of functions in relation to the subject, a measure of positive impact is used.
2. The recommender method allows you to give the subject the opportunity to act in a certain (recommended) way, but this does not oblige him to act that way. For non-compliance with the rules there will be no consequences.
Who is the subject of regulation?
Very often, people don’t understand who exactly is affected by the administrative regulation. Analyzing the concept of administrative law, a number of subjects of this industry can be distinguished, namely:
- Individuals and legal entities.
- Executive bodies of state power.
- Non-state enterprises.
- Foreigners and stateless persons.
In relation to these entities, methods and methods of administrative regulation can be applied to achieve industry functions. Let's consider them in more detail.
Functions of the Administrative Law Branch
To date, scientists distinguish the following functions of the management industry:
- executive
- organizational
- coordination
- law enforcement,
- law-making.
This list is constantly expanding, because public relations in the field of management are constantly evolving.
Conclusion
So, in the article we found out what constitutes administrative regulation. The concept of this category proves the importance and effectiveness of the entire industry in the modern world.