Legal encyclopedia. The letter a

ADMINISTRATIVE LAW

- branch of the legal system of the Russian Federation, which is a set of legal norms designed to regulate social relations arising in connection with and practical implementation of the executive power. This is a management right that regulates the relations arising in the course of the formation and functioning of the state

Administration. Norms AP:

1) establish the forms and methods of public administration, ways of ensuring legality in public administration;

2) regulate the procedure for the formation of executive bodies, their competence, powers of officials of these bodies; Mutual relations of bodies of executive power with other state bodies, public associations, enterprises

And citizens;

3) determine the legal status of citizens, local government bodies, public associations and other non-state groups in the sphere of administration;

4) regulate the management relations in the socio-political, socio-cultural and economic spheres. The subject of AP is the totality of social relations that are formed in the process of organization and activity of the executive power. At its definition it is necessary to consider:

1) the scope of public administration, covering any manifestation of public-management activities;

2) presence in it of an acting subject of executive power or other executive body;

3) practical implementation of the powers granted to them for the implementation of public-management activities.

The subject of AP can be divided into two parts: 1) intra-hardware relations that consolidate the system of executive authorities, the organization of service, the competence of bodies and employees, their mutual relations,

Forms and methods of internal work in state and municipal bodies;

2) the relationship of administrative power with citizens, state and non-state organizations. The method of legal regulation of AP is a certain set of legal means or ways of regulating the impact of its norms on managerial relations, on the behavior of their participants.

The following methods of legal regulation are typical for AP:

1) the method of power-subordination or the method of direct administration (relations within the framework of administrative law are built on the subordination of one participant to another);

2) the method of recommendations (the recommendations of the subject of management acquire legal force provided that it is accepted by another participant in the management);

3) the method of coordination (this method regulates the relationship between participants who are not among themselves in subordination);

4) the method of equality (subjects that are on the same level of the state mechanism, take joint actions in the form of an administrative contract).

The AP system is the internal structure of the industry, reflecting the consistent arrangement of its constituent elements -institutions and norms, their unity and structural interrelationship.

The AP system is divided into the General and Special parts, which is determined by the essence and specificity of public administration, its multi-branch nature and the need for constant improvement. Each of the parts includes several administrative and legal institutions. The general includes norms that encompass management in general, and the Special Part consists of norms that operate within the individual spheres of government.

The General part includes institutes regulating administrative and legal

The status of individual subjects of law; Regulating the foundations of the organization and activities of the executive (government administration); Regulating administrative and legal status

State enterprises, institutions and organizations; Regulating the administrative and legal status of non-governmental organizations (municipal,

Religious, commercial, etc.).

In the Special Part of AP, four sub-branches are distinguished, uniting the norms:

1) regulating the organizational and economic activities of the state administration;

2) regulating the socio-cultural activities of the state administration, the implementation of its social programs;

3) regulating the activities of the public administration for the organization and implementation of political, environmental and other relations with other countries (external relations);

4) administrative support of political activities of citizens, society, state.

The content of the General and Special Parts of AP is interdependent and constitutes a single whole. The norms of the General Part are applicable to all institutions of the Special Part.

The subject of AP is the owner of the rights and duties with which he is endowed with the purpose of realizing the powers conferred upon him by administrative law.

The subjects of AP are considered as: the Russian Federation, the subjects of the Federation,

State and non-governmental organizations.

Subjects of AP (administrative-legal relations) can be individual and collective.

The following functions are typical for AP:

1) the executive function assumes that the administrative law is the legal form of the executive branch;

2) the law-making function empowers the subjects of executive power with the authority for administrative rule-making;

3) the organizational function comes from the organizational nature of public-management activities, which is constantly supported by the rules of administrative law;

4) the coordination function is aimed at ensuring a reasonable and effective interaction of all elements of the regulated sphere of public administration;

5) the law enforcement function ensures compliance with the established legal regime and protection of legitimate interests and rights of all participants in regulated relations.

Sources AP - legal acts

Various state bodies, which contain administrative and legal norms:

1) The Constitution of the Russian Federation, adopted on a national vote on December 12, 1993;

2) administrative and legal norms - are contained in laws and legislative acts;

3) decrees of the President of the Russian Federation, as well as the provisions approved by its decrees;

4) the resolution of the Government of the Russian Federation. The government also approves various types of regulations such as rules or regulations;

5) normative acts of state committees, ministries, committees and services of the Russian Federation;

6) Constitution of the republics, their legislation, presidential and governmental normative acts, similar acts of ministries and departments;

7) statutes of the constituent entities of the Federation, as well as acts issued by public authorities and public administration;

8) normative acts of representative and executive bodies of local self-government;

9) interstate agreements;

10) normative acts of heads of state corporations, concerns,

Associations, enterprises and institutions; 11) acts of justice.

Science AP - a system of scientific views, representations, knowledge and theoretical provisions about the laws that exist in the field of administrative law. She studies the nature and structure of the executive branch, relations regulated by norms

Administrative law, types

Administrative and legal norms, sources and system of administrative law, legal status of subjects and objects of public administration, legal forms and methods of implementing public administration, issues of administrative responsibility, ways to ensure legality in public administration.