Principles of Administrative Law - Issues of Legitimacy of Management

Administrative (state, management) law - one of the basic branches of government. Therefore, its functioning should be based on clearly defined rules that correspond to the norms of legitimacy, which are called "principles of administrative law". In this regard, it is important to clearly know what the basic principles of managerial law mean, and what functions it is called upon to implement.

Principles and functions of administrative law .

The very concept of the function of law implies a certain sphere of relations, which it regulates. In administrative law, scientists distinguish the following four types:

1. law enforcement - management law is inherently a "conductor" of ideas and decisions of the legislature. This function gives the sector's authorities the power to introduce new norms and / or changes in legislation into daily legal and public practice;

2. entitlement - for the first function, the subjects of this right are required to accept and execute the relevant by-laws ;

3. Managerial (it's organizational) - is aimed at the formation of a certain vertical and horizontal state power. For example, subjects of state law determine what should be the composition of the ministry or local government. By the way, the coordinating function that some jurists are singling out as an independent one can also be included here. It is to ensure interaction among government bodies;

4. law enforcement - ensuring the norms of law from violation. More fully this function is disclosed in the so-called. "Administrative process".

To implement the functions of state law, the legal science has developed, and subsequently the law-making body secured, a whole set of rules, called "principles of administrative law." Theoretically, they are divided into 2 categories: general legal and specialized. Group I is rightly referred to as: "separation of powers", the principle of legality, "transparency" (aka glasnost), as well as the equality of all before the law, and other states, as stipulated by the Constitution.

Specialized principles of administrative law include the following:

1. The principle of responsibility - in this case, it is not only the responsibility for administrative offenses, but also strict adherence by officials to the norms of state law and the inevitable punishment for its willful default;

2. The principle of the unity of administrative regulation - means that state law, which is based on an imperative management method , should implement a unified legitimate approach to the regulation of public-state relations

Thus, the conclusion follows that the principles and functions of administrative law are aimed at addressing the issues of the functioning of the state and ensuring the legitimacy of the actions taken. In the case when they are ignored, the provisions on the administrative process having its specific bases of action come into force.

Principles of the administrative process .

Drawing an analogy with the principles of the material part of the considered branch of law, the process has its own basic rules, which fall into two categories: general processes and specific ones.

The following should be classified as generalprocesses: the right to protection, equality before the law, objectivity, the presumption of innocence, proportionality and publicity. But the specific principles of the administrative process contain special rules that are characteristic only of state law:

1. legality and validity - the process is initiated only on the basis of the norms of state law;

2. sovereignty - is based on the principle of separation of powers and states that representatives of other branches of power have no right to influence the implementation of this type of process;

3. securing public interests - in this case the society and its interests have priority over a single person. The principle is controversial;

4. Efficiency and economy - in view of the fact that administrative violations do less harm to society as a whole than criminal ones, their consideration takes place in a "simplified procedure". But at the same time, the principles of justice, enshrined in the main law of the country, should be recognized as priority.

Summarizing the above, it can be said that the principles of administrative law are a special category of basic rules of behavior that include both national values and specific principles for the functioning of state administrative bodies.