Functions and principles of administrative law
Law is a universal regulator of social relations in all spheres of human activity. With it you can not only control, but also skillfully manage. This fact was revealed long ago, when even as such the law did not exist. After all, it is extremely unprofitable to use for control exclusively violence, because people will eventually get used to it and stop obeying. It is much more intelligent to use peaceful methods with a basis for human intelligence.
As we know, the main power in any state is its higher organs. Previously, there was no branch of law that would regulate the activities of these bodies. But over time, it became clear that state power, or the administrative apparatus, is a completely different sphere of human activity, which requires a separate legal framework.
In order to create at least some legal regulator, we decided to organize such an industry as administrative law.If in the middle of the 20th century, theorists in the field of administrative law were considered to be utopian writers, then today this field is studied in almost all law schools of the Russian Federation. In the article we will try to understand the functions and principles of the administrative branch of law.
The notion of administrative law
Today, the functions and principles of administrative law are widely known, and their existence does not need to be proved. However, several years ago, the question of the existence of a “hardware” right caused a lot of controversy. However, administrative law does exist. If we turn to the theorists of this industry, then they give an interpretation of the concept. According to their scientific research, administrative law is a branch or a system of legal norms that regulates social relations in the sphere of the managerial nature of government bodies and their officials, in matters of their exercise of executive power.
In simple terms, administrative law is the regulator of the executive branch and the activities of the individuals who actually implement it.In turn, the functions and principles of administrative law are fully based on the subject of industry regulation.
Science of Administrative Law
The industry represented in the article would not actually exist if it were not for the theoretical work of scientists in this field. Any legal branch is complemented by science. Administrative law is not an exception in this matter. Industry science is a system of ideas and principles, ideas about the laws and sources of the legal industry. With the help of science carried out the reform, addition and improvement of administrative law. This component of the industry also has its own structure, one of the most important elements of which is the history of the industry. The principles of administrative law also emerged precisely from science, but this will be discussed later in the article.
As noted earlier, administrative law as a separate branch did not always exist. In pre-revolutionary Russia, this institution lived in areas such as medical, customs, educational law. However, the true progenitor is considered to be the police law of Russia, because this industry is closest to hardware management.The problem was that the police law ensured law and public welfare. But with the development of management relations in the USSR after 1917, there was a need for a universal regulator. This subsequently became an administrative law. It should be noted that the police industry has not disappeared without a trace. A large number of methods and tasks transferred to administrative law.
Legal Relations Regulated by Administrative Law
Considering the specifics of the industry presented in the article, the legal relations regulated by it will also have their own characteristic features. As a rule, these are relations in the sphere of internal and external management. At the same time, the procedure for their regulation can be carried out both within departments and in relation to ordinary citizens, if they are in any way involved in management relations.
Classification of administrative relations
The whole array of legal relations regulated by administrative law can be classified according to several basic criteria, namely:
- By nature: material and procedural.
- According to the ratio of the rights of subjects of legal relations: subordinate and equal rights.
- Depending on the nature of legal facts: lawful and illegal.
Principles of administrative law
Any system of legal norms that exists today in the Russian Federation has its own methodological basis and functions. The principles of administrative law are the fundamental ideas, the initial position, which manifests its very essence. On their basis, the formation and development of the industry is actually taking place. Principles of administrative law in many respects help to understand its subject and functions, which still cause controversy among many specialists. It should be noted that the initial position of the industry is different from the scientific. Principles of science of administrative law- This is a framework for studying the subject, and the sectoral principles allow us to speak about the real impact of this sphere on public relations.
Principles and sources of administrative law
It should be noted that many of the initial positions of the industry exist in its sources. Moreover, many scientists did not make loud discoveries in the process of their search. They just analyzed the current legislation and identified key ideas.Today, many new principles of administrative law of the Russian Federation are opened in the same way.
List of principles
There are many key ideas of the management industry, but still you can highlight the basic principles of administrative law. These include the following:
- The principle of equality of all subjects before the law. It is most pronounced in the process of bringing to administrative responsibility. His key idea is that regardless of race, creed, gender, or other characteristics, absolutely everyone will be attracted for the slightest violation of the law.
- The principle of the presumption of innocence determines the fact that no one can be brought to administrative or any other legal responsibility if the guilt is not actually proven. At the same time, the person who is attracted should not prove his innocence.
- The principle of guaranteeing the protection of human rights and freedoms in the implementation of the executive branch.
- The principle of the rule of law during the application of administrative coercion. This key aspect is fundamental, since administrative law provides for cases when human rights are limited due to certain facts.In this case, any kind of restrictions should be commensurate with the interests that need to be implemented in the current situation.
- The principle of legality implies the execution and obedience to laws and other regulatory acts in the process of carrying out management activities.
- The principle of publicity indicates that the administration does not conceal the ways and forms of its activities from the public.
- The principle of responsibility implies the occurrence of negative consequences for violation of the law.
Presented system of principles of administrative lawcan be supplemented in the process of evolution of social relations in the field of state hardware.
Similarity of administrative principles and principles of other industries
Many scientists put forward the theory that some tasks and principles of administrative law are taken from other industries. This negative factor indicates that, in fact, administrative law does not have a subject. Such a statement is erroneous. Administrative law is indeed similar to some other branches, for example, constitutional law.However, the constitutional branch establishes at the highest level the principles of activity of the supreme bodies of state power. At the same time, administrative law is developing a mechanism for their direct activities. Thus, it is impossible to deny the existence of a separate subject of administrative law.
Administrative law functions
So, we found that the principles of administrative law are the key ideas of the industry. However, administrative law also has its own functions. It is on the basis of their analysis that the principles of government can be characterized. Administrative law performs a number of the following functions, namely:
- Legal executive function (administrative law is a legal form of the executive power).
- The function is organizational.
- Law enforcement.
Thanks to these functions, the subject of administrative law is fully implemented. It should be noted that each of them meets a specific task that is facing administrative law.For example, coordination is done for prevention in general management. It, as a rule, is carried out by executive bodies in relation to ordinary citizens. At the same time, the essence of the coordination function also proves the direct interaction of all subjects of administrative legal relations.
It should be noted that absolutely all of these functions are carried out on the basis of the principles presented above. In fact, without key ideas, administrative law would not work. The principles that are enshrined in the main normative act of the Russian Federation - the Constitution, are of the greatest importance.
Thus, we tried to reveal the essence of such a branch as administrative law. The concept, principles, functions of this system of legal norms were also presented in the article. In conclusion, it should be noted that this industry is relatively young compared to other legal systems. Therefore, it requires not only theoretical understanding in the scientific community, but also a significant number of improvements, because the subject of administrative law is indeed an important part of human and public life.We hope that in the future the existence of administrative law will not be called into question, and the mechanism for its implementation will finally take on an orderly form.