Law, State and Law
The method of administrative and legal regulation. The sphere of administrative and legal regulation
Even in the Middle Ages people realized the fact that it is best to build state power on the basis of law and nothing more. This idea was largely developed by scholars of the Renaissance and New Age. Today the term "law" is not an innovation in the scientific world. No one is surprised at the existence of several branches of state power. All this testifies to the evolution not only of social relations, but of society itself. The existing sectoral division of the whole array of legal norms makes it possible to regulate not just a definite line of relations in society much more efficiently, more quickly and more precisely, but also specific life situations. Of all the existing industries, it is necessary to single out the one that is the link between the state and its citizens directly or submitted. It is thanks to the presence of such a set of legal norms that a person can interact with the organs of his country on the basis of absolutely legal conditions. The article will focus on the field of administrative law, as well as the methods used in it to regulate social relations. It should be noted that this industry is to some extent specific, which will be discussed in detail later in the article.
What is administrative law?
It should be understood that any method of administrative and legal regulation Is a way of influencing public relations, which can be called the subject of this or that legal branch. In general, legal regulation is a whole process, with its own peculiarities and specific factors, which will be discussed below. As for administrative law, it is a legal branch that regulates relations in the sphere of activity of state authorities, as well as officials in the process of fulfilling their official obligations. Also, administrative law is regarded as a science. Today it is actively developing in the post-Soviet states and in some European countries. Administrative law is one of the bases for training professional legal practitioners. The method of administrative and legal regulation is specific in its essence. All because it affects both private and public interest.
History of the development of administrative law in Russia
Initially, as such, the industry did not exist at all. The administrative sphere was divided into several branches: customs, education, medical, police law. The main disadvantage of such a system was the fact that the source was a legal custom, as in international law. Thus, the subject of administrative and legal regulation in general Did not exist. Nevertheless, the impetus to the development of the administrative branch was precisely the police law.
The subject of legal regulation in administrative law
As mentioned earlier, the subject of administrative and legal regulation is social relations in the sphere of activity of government bodies and their officials. From here we can identify the most typical legal relationships for this industry:
- Implementation of state activities aimed at protecting the rights, freedoms and interests of citizens. Maintenance of law and order.
- Settlement of arising disputes in a special procedural order.
- Ensuring public administration through the category of public interest.
- The organization of control in relations between the state and citizens, executive bodies and their officials, the state and legal persons, enterprises, etc.
- Organization of administrative rulemaking.
- Regulation of public relations, for which one or another method of administrative and legal regulation is used.
Taking into account all the above mentioned aspects, it can be concluded that through the administrative law, the organization of the internal mechanism in the authorities is provided, as well as external action on citizens.
Classification of administrative relations
To date, scientists have formed a fairly extensive legal classification of administrative and legal relations, namely:
1. According to the legal characteristics of relations, the procedural ones are singled out (they are formed in the sphere of direct regulation in connection with the resolution of cases of an individual character) and material (public relations of an administrative nature).
2. In terms of the ratio of duties and rights of subjects of administrative legal relations , two groups are distinguished: the relations of subordination and relations, where the participants are essentially equal. It should be noted that the latter species is very often criticized, since, according to many scientists, the administrative and legal norms, based on their belonging and the nature of the industry, can not regulate the relations between equitable actors. There is always submission.
3. Proceeding from a wide range of legal facts that generate legal relations, they distinguish relations from lawful and unlawful deeds.
Each method of administrative and legal regulation is, to one degree or another, aimed at regulating the legal relationships presented. However, first of all it is necessary to understand what is legal regulation and how it is implemented in the administrative branch.
What is the legal regulation?
Absolutely all branches of law exist for the regulation of certain social relations. Such a mechanism is simply necessary, because society, in its essence, is like a crowd of young children who simply need to constantly occupy something, otherwise their activity will get out of control. Therefore, with the help of legal norms, society is coordinated. Regulatory legal regulation has a scientific definition. This mechanism is accepted to be deciphered as a purposeful process of influence on the part of the state on public relations of one type or another. Such an impact is carried out through methods and legal means, depending on the type of relationship and the industry in which they exist. But the purpose of legal influence is not only legal relations, but also individual subjects. Normative regulation is a broad concept that includes methods as one of the ways to implement legal impact. The mechanism of administrative and legal regulation is largely based on the methods of the management industry.
Two main methods of legal impact
The mechanism of administrative and legal regulation Is based on two basic methods, which are the basis of any regulation in general. It should be remembered that the method is a set of techniques and tools used to influence the subject of a particular industry. Thus, the method is a complex concept, corresponding to the institution or any other part of the system of law. Elements of the mechanism of administrative and legal regulation are historically based on two main methods:
1. Imperative, which best suits the tasks of administrative law. The bottom line is that the subject can act exclusively in a strictly sanctioned framework. In this case, another option is unacceptable, because any deviations are fraught with the onset of responsibility. Also, the imperative method implies the use of coercive measures. It is inherent in public-legal industries.
2. Absolutely different construction of legal relations implies a dispositive method. Subjects are given the opportunity to act on their own, on the basis of the existing legal framework. The method is inherent in virtually all industries, especially private. It is largely based on equality of the parties.
It should be noted that the scope of administrative and legal regulation is so extensive that it is impossible to do it exclusively with a dispositive method, because not all subjects are equal. Very often one has to resort to the method of coercive coercion, but other attributes are inherent in the administrative regulation method.
Signs of the administrative method
The method of legal regulation of administrative law Has a number of special features that were formed under the pressure of those relations, of which the sectoral mechanism directly consists. Thus, we can distinguish the following features:
- The administrative legal method is always a method of power regulations, since one side gives another binding order.
- The parties can not change the nature of legal relations of management type in any cases.
- The parties do not have direct equality. One subject is always subordinate to the other.
- Imperativeness of any regulation.
- Normative regulation is always centrally.
The methods by which the method is implemented
It should be noted that the method of administrative and legal regulation is implemented only through certain methods that are actively used in the sphere of the administrative branch. There are a number of basic techniques:
1. Prescription is a method based on the fact that the subjects will fulfill the requirements that are provided for by a certain legal norm. Their failure will not bear any legal consequences, neither negative nor positive. The notion of administrative law Significantly broadens the notion of this method, because they are in fact elements of its implementation.
2. By means of a prohibition, there are clear boundaries of what could have extremely adverse consequences for the offender's person. If the prohibition is violated, it becomes possible to apply certain measures of influence (administrative or disciplinary responsibility).
3. Permission is the most loyal way of implementing the administrative-legal method. The bottom line is that the subject is given the opportunity to choose one of several variants of his behavior. As a rule, by means of permission, legal relations related to the activities of officials are regulated.
There are also a number of other ways to implement the method of administrative and legal regulation.
Specific methods of implementing the administrative method
It is necessary to distinguish two methods by which the administrative method is often implemented, but they are often not mentioned:
1. The reception of administrative authority is inherent in the sphere of power in government bodies. The bottom line is that a superior employee is given the right to oblige any of his subordinates to commit an action or perform a functional assignment.
2. The concept of the mechanism of administrative and legal regulation gives an understanding that the impact on legal relations is made through the use of norms. The latter are taken from departmental normative acts or are invented independently. This technique is called a legal qualification. Its essence is that the public authority has the right to issue special individual acts that confirm the existence of a specific set of rights and obligations.
Secondary methods
Administrative law also uses other methods of regulation, but they are secondary, because they do not allow full implementation of all sectoral functions. Thus, secondary methods are:
1. Promotion. A measure of positive impact is used for qualitative observance of their duties and realization of functions in relation to the subject.
2. The recommendation method allows the subject to act in a certain (recommended) way, but this does not oblige him to act this way. For non-compliance with the rules, there will be no consequences.
Who is the subject of regulation?
Very often people do not understand who exactly the effect of administrative legal regulation applies. Analyzing the concept of administrative and legal norms, We can distinguish a number of subjects of this industry, namely:
- Individuals and legal entities.
- Executive bodies of state power.
- Non-state enterprises.
- Foreigners and stateless persons.
In relation to these subjects, methods and methods of administrative regulation for achieving sectoral functions can be applied. Let us consider them in more detail.
Functions of the administrative law branch
Today, scientists distinguish the following functions of the management industry:
- lawful,
- organizational,
- coordination,
- law enforcement,
- law-making.
This list is constantly expanding, because public relations in the sphere of management are constantly evolving.
Conclusion
So, in the article we found out what the administrative legal regulation is. The concept of this category proves the importance and efficiency of the entire industry in the modern world.
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