Administrative law is an important branch of the modern system of legislation. The value of this phenomenon of legal reality is expressed not only and not so much in the regulation of petty offenses, but in the successful administration of public institutions of the country. You can understand the whole essence of it by studying the concept and subject of administrative law, as well as its methods.
General information about the concept and subject
The concept of “administrative law” appears, as in any branch of law and jurisprudence, in two ways. The first considers this definition as a set of rules aimed at regulating relations in the management of state affairs. Another meaning reveals that the concept of administrative law should be considered as a special legal science, the general purpose of which is to study the norms of the corresponding section of law. Who is right? The answer to this question can only be given by the subject.
So, the following is included in the subject of the industry under study:
1. public relations aimed at the effective management of state affairs;
2. relations arising regarding the formation and / or functioning of executive bodies;
3. issues related to the prevention and suppression of offenses of a minor nature (for example, misconduct);
4. relations emerging in the field of administrative process as part of judicial activity;
5. issues arising in the field of legal status of public servants;
6. relations emerging in the field of forms, methods and methods of state relations.
7. participation in the process of developing rules of a legitimate nature in the field of administrative law
As can be seen from this list, the subject of this branch of law requires not only a practical approach. These relationships require scientific research. Therefore, the concept of administrative law must be given in the two senses indicated above.
In addition, the methods used by it to a large extent influence the definition of the branch of law in question. Therefore, the concept and subject of administrative law should be determined only after consideration.
General characteristics of the methods
Being a part of public law, the industry under study is primarily based on the imperative method, it is the method of prescriptions. Its essence lies in the fact that most of the relationship is based on the relationship of subordination. An example in this case is the relationship between the head of government and ministers or the clear sanctions of the rules of administrative responsibility.
The second method, which can be included in the concept of “administrative law”, is the method of choice, which is also optional. Its essence lies in the fact that subjects are offered several models of behavior. In this case, it is clearly demonstrated at the Institute of Administrative Contracts.
The third is the permission method. In fact, subjects are given a choice of behavior from several possible. However, one cannot avoid choice at all. An example is the alternative sanctions of the administrative process.
The fourth and last is the prohibition method. It is also expressed most vividly in the rules governing the onset of administrative responsibility.
All four methods clearly demonstrate that the concept of administrative law includes only those norms that are aimed at the functioning of executive authorities. Moreover, this statement should not be interpreted solely as an authoritarian impact on social relations. With the help of the ban dangerous acts can be prevented, while the imperative method sets clear boundaries for the legal personality of individuals and their associations, allowing allows you to choose a milder punishment when possible.
Consequently, the concept of administrative law can be defined as follows: this is a special industry and scientific discipline, the general purpose of which is to establish a governance regime that would ensure the effective management of public affairs and the life of society using the basic methods of law.