Subject of administrative law

The science of administrative law is a branch of the law of the Russian Federation, a special system of legal norms. This system provides regulation of public relations, which are formed in the course of the implementation of the functions and tasks of state and local authorities in the process of implementing executive, administrative activities. The subject of administrative law also includes intraorganizational relations in institutions, enterprises, organizations.

The industry in question is one of the fundamental in the legal system. Its entire structure is represented by a set of relevant norms. The subject of administrative law is a management relationship. These relations are formed both in the field of public administration and in other areas. The branch of administrative law has its own method of legal regulation, internal consistency, includes certain components. The whole structure also has an external expression, that is, it is fixed in specific sources (forms).

The subject of administrative law is the interaction of public importance in the field of public administration, as well as regulatory interactions that are formed in other areas of public life.

Among the managerial relationships, the regulation of which is ensured by the norms of the industry in question, there are:

  1. A group of interactions formed in accordance with a subject attribute. This category includes the relationship between subordinate participants in government (vertical relations), executive entities that are not subordinate (horizontal relations), representatives of the executive branch and other entities, citizens, civil servants, public associations.
  2. A group of relations formed in accordance with the sign of the state territorial structure. This category includes interactions between central and subjective executive bodies, between subjective representatives, as well as between bodies of subjects and local self-government.
  3. A group formed in accordance with the direction of influence. This category, in particular, includes external relations related to the exercise of the powers of executive bodies outside, and the interactions that exist within the system.

The subject of administrative law is dynamic. Some relations, for example, customs, are regulated by the norms of different industries. A number of interactions that make up the subject of this legal sphere are the result of the systematization of the provisions establishing the corresponding responsibility.

Methods of administrative law are a set of methods prohibiting, prescribing, permissible effects on regulatory relations. All components that make up their combination are presented in a certain ratio. For methods of administrative law are more characteristic means of administrative type. In this case, the use of dispositive techniques is not excluded. The method, as a rule, is represented by the unilateral expression of will of a participant in a regulated interaction. The whole range of tools used in the industry is characterized by dynamism. This is due to the very nature of regulated relationships.

Characteristic of methods:

  1. Ban. It involves the laying of certain responsibilities on the subjects of regulatory interactions. These obligations include abstinence from the commission of certain actions under the threat of application in accordance with the violation of state coercive measures.
  2. Prescription. This regulatory tool provides for the imposition of obligations on participants in mutual relations to perform certain actions within the framework established by administrative and legal provisions.
  3. Permission. This method is characterized by the availability of the choice of the most acceptable variant of behavior within the framework defined by the rules of law.

Source: https://habr.com/ru/post/F6141/


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