LawState and Law

Subject matter 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 ensures the 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 intra-organizational relations in institutions, enterprises, organizations.

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

The subject of administrative law is the interaction of public significance in the field of public administration, as well as regulatory interaction, which are formed in other spheres of public life.

Among the management relationships, the regulation of which is ensured by the norms of the industry under consideration, there are:

  1. A group of interactions formed in accordance with the subject sign. This category includes the relationship between subordinate government participants (vertical relations), executive subjects not subordinate to (horizontal relations), representatives of the executive branch and other entities, citizens, civil servants, public associations.
  2. A group of relationships formed in accordance with the sign of state territorial organization. This category includes interactions between central and subject executive bodies, between subject 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 implementation of the powers of the executive bodies from the outside, and the interactions that exist within the system.

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

The methods of administrative law are a set of methods of prohibiting, prescriptive, permissive influence on regulatory relations. All the components that make up their totality are presented in a certain ratio. For methods of administrative law are more characteristic means of administrative form. It does not exclude the use of dispositive techniques. The method, as a rule, is represented by the unilateral will of the participant in the regulated interaction. The entire range of means used in the industry is characterized by dynamism. This is due to the very nature of the regulated relationship.

Characteristics of methods:

  1. Ban. Assumes the imposition of certain duties on subjects of regulatory interactions. These duties provide for refraining from performing certain actions under the threat of being used in accordance with the violation of state coercion measures.
  2. Prescription. This means of regulation provides for the imposition on the participants of the relationship of obligations to perform certain actions in the framework established by administrative and legal provisions.
  3. Permission. This method is characterized by the availability of the choice of the most acceptable behavior in the framework that is determined by the rules of law.

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