The concept of administrative law in the law of the country

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 minor offenses as 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 matter

The concept of "administrative law" appears, as in any branch of law and jurisprudential science, in two ways. The first considers this definition as a set of norms 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 the study of the norms of the relevant 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 studied branch:

1. public relations aimed at the effective management of the affairs of the state;

2. Relations arising in connection with the formation and / or functioning of executive bodies;

3. issues related to the prevention and suppression of offenses that are not of a tiny nature (for example, misconduct);

4. Relations formed in the administrative process as a part of judicial activity;

5. issues arising in the sphere of the legal status of civil servants;

6. relations that develop in the sphere of forms, methods and methods of state relations.

7. Participation in the process of elaborating norms that are legitimate 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 relations require scientific research. Therefore, the concept of administrative law must be given in two senses, indicated above.

In addition, the definition of the industry under consideration is largely influenced by the methods by which it operates. Consequently, the concept and subject of administrative law should be determined only after consideration.

General characteristics of methods

Being part of public law, the industry under study is primarily based on an imperative method, it is also a method of prescriptions. The essence of it is that most of the relationship is built on the relationship of subordination. An example in this case is the relationship between the head of government and ministers or clear sanctions of the norms of administrative responsibility.

The second method that can be included in the concept of "administrative law" is the method of choice, it is also dispositive. Its essence lies in the fact that subjects are offered several models of behavior. In this case, it is clearly demonstrated in the institution of administrative contracts.

The third method is the permissive. In fact, subjects are given a choice of behavior from several possible ones. However, one should not avoid choosing at all. An example is the alternative sanctions of the norms of the administrative process.

The fourth, and last, is the method of prohibition. It is also expressed most clearly in the norms regulating the offensive 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 bodies. Moreover, this statement should not be interpreted solely as an authoritarian influence on public relations. With the help of a ban, dangerous acts can be prevented, the imperative method establishes clear boundaries for the legal personality of individuals and their associations, allowing permits to choose a softer punishment in the event that it is possible.

Consequently, the notion of administrative law can be defined as follows: it is a special branch and scientific discipline whose general goal is the establishment of a management regime that would, with the help of the basic methods of law, ensure the effective management of public affairs and the life of society.