Administrative (state, managerial) law is one of the basic branches of state administration. Therefore, its functioning should be based on clearly defined rules corresponding to the rules of legitimacy, whose name is “the principles of administrative law”. In this regard, it is important to clearly know what the basic principles of managerial law mean and what functions it is called upon to carry out.
Principles and functions of administrative law .
The very concept of the function of law implies a certain sphere of relations, which it regulates. In administrative law, scientists distinguish the following four types:
1. law enforcement - managerial law is inherently the “vehicle” of the ideas and decisions of the legislature. This function provides industry entities with the authority to introduce new norms and / or legislative changes in everyday legal and public practice;
2. title - for the implementation of the first function, the subjects of this right are obliged to adopt and execute the relevant by-laws ;
3. managerial (it is also organizational) - is aimed at the formation of a certain vertical and horizontal state power. For example, subjects of state law determine what the composition of a ministry or local government should be. By the way, the coordinating function, which some jurists distinguish as independent, can also be attributed to this. It consists in ensuring interaction among public authorities;
4. law enforcement - ensuring the rule of law against violation. This function is more fully disclosed in the so-called. "Administrative process".
To carry out the functions of state law, legal science has developed, and subsequently, a legislative body has fixed, a whole set of rules, called the "principles of administrative law." Theoretically, they are divided into 2 categories: general legal and specialized. Group I rightly includes: “separation of powers”, the principle of legality, “transparency” (also known as transparency), as well as the equality of all before the law and others, enshrined in the Constitution of the state.
Specialized principles of administrative law include the following:
1. The principle of responsibility - in this case we are talking not only about responsibility for administrative offenses, but also about strict adherence by officials to the rules of state law and the inevitable punishment for its intentional non-fulfillment;
2. The principle of unity of administrative regulation - means that state law, which is based on the imperative method of management, must implement a single legitimate approach to the regulation of public-state relations
Thus, it follows that the principles and functions of administrative law are aimed at addressing the functioning of the state and ensuring the legitimacy of the actions taken. In the case when they are ignored, the provisions on the administrative process, which has its own specific basis for action, come into force.
Principles of the administrative process .
Drawing an analogy with the principles of the material part of the considered branch of law, the process has its own basic rules, which are divided into two categories: general process and specific.
The following should be attributed to general procedural ones - the right to defense, equality before the law, objectivity, presumption of innocence, proportionality and publicity. But the specific principles of the administrative process contain special rules that are specific only to state law:
1. Legality and validity - the process is initiated only on the basis of state law;
2. sovereignty - based on the principle of separation of powers and states that representatives of other branches of government are not entitled to influence the implementation of this type of process;
3. ensuring public interests - in this case, the company and its interests take precedence over the individual. The principle is controversial;
4. Efficiency and efficiency - in view of the fact that administrative offenses do less harm to society as a whole than criminal offenses, they are considered in a “simplified manner”. But at the same time, the principles of legal proceedings, enshrined in the main law of the country, should be recognized as priority.
Summing up the above, we can say that the principles of administrative law are a special category of basic rules of behavior that incorporate both national values and specific principles of functioning of state management bodies.