Legal Encyclopedia. Letter W

RULE OF LAW

- Strict adherence to and enforcement of the Constitution and laws, as well as published in accordance with, other legal acts by all state authorities, local authorities,

officials, citizens and their associations.

C is an essential basis for the construction and functioning of a democratic state of law, the activities of all its parts. On the basis of C should be the life and work of members of society - citizens and their various associations.

C contains the following main elements:

1) the existence of the law as the principal legal forms of regulation of the major determining life of society and the state of social relations;

2) other forms of legal regulation: on the lines of the Russian President and government, departmental, regional and local regulations

acts must strictly comply with the law and to consistently implement its requirements;

3) the democratic nature of the law and all regulations based on it;

4) Ensuring compliance with and application of the law and all the wasps Nova thereon instructions, prevention and suppression of crime, no matter where they come from, all the means at the disposal of the state measures.

In the area of ​​administrative and legal regulation, as well as in other areas of state activity and regulation, west of the organizational and legal framework for the activities of all the subjects of administrative law.

In the field of public administration and in the area of ​​administrative and legal regulation, it has its own characteristics:

1) a large number of subjects in the field of administrative pravovogoregulirovaniya;

2) a huge number of existing and constantly changing legal acts is the law and based on governmental, departmental and other acts;

3) public administration as one of the types of state activity is

organizing character; many management actions are taken at the discretion of (C and expediency ratio).

C ratio and expediency in public administration is composed as follows:

1) any and all legal requirements of the normative and individual nature are suitable;

2) within the framework outlined by the legislation, governing body or official selected the best, ie, the most appropriate variant;

3) in the absence of legal provisions on the specific issue of management authority or official shall act as appropriate;

4) is not allowed to be guided body or official expediency (local, national, etc.) in the presence of the legislative provisions. It is unacceptable opposition of west and expediency, the rule is always legal regulation.