To become a highly qualified lawyer, you need to know more than one branch of law, incl. You also need to know the basic concepts of administrative law. To help aspiring lawyers and law students, we have put together an entire necessary information about (everything about) administrative law, consider: concepts, types, norms, features, signs, subjects, sources, functions, principles and much more about administrative law, which is called "From and To".

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Considered basic concepts of administrative law

The concept of Administrative law and its features

The concept of Administrative law as a branch of law

First, we will reveal the concept of administrative law from the point of view of the branch of law. Term "Administrative law" short and in simple words - This is a branch of Russian law, which is a set of legal norms designed to regulate public relations with executive authorities, as well as intra-organizational relations at enterprises, institutions, and organizations.

Consider complete definition administrative law in the Russian Federation. Administrative law- branch of the Russian legal system, which is a set of legal norms that regulates social relations that develop in the process of implementing the tasks and functions of state authorities, local self-government in the implementation of executive and administrative activities, as well as intra-organizational relations at enterprises, institutions, organizations.

The concept of Administrative law as a science

And now we will reveal the concept of administrative law from the point of view of science (administrative-legal doctrine). Term "Administrative law"like a science short and in simple words - it is a part of Russian legal science, a system of scientific views and ideas, knowledge and theoretical provisions about the branch of administrative law and the subject of its regulation.

Consider complete definition administrative law in the Russian Federation as a science. Science "Administrative Law"- This component legal science, defined as a system of state-administrative, administrative views, ideas, ideas about laws governing relations in the field government controlled, about its social conditionality and effectiveness, about regularities, reforms and trends in the development of administrative legislation, about the principles of administrative law, about the history and development prospects.

Signs of administrative law

Lawyers have long described the signs of administrative law. There are the following signs branches of administrative law:

• is one of the fundamental branches of public law;
• is a set of legal norms;
• has a separate subject of legal regulation - managerial relations that arise both in the field of public administration and in other areas;
• has its own method of legal regulation;
• has internal consistency, consists of certain elements;
• has an external expression, i.e. fixed in certain forms-sources.

The concept of norms, types of norms of administrative law, features and structure of norms

In this section, we will explain to you what the term norms of administrative law means and describe in detail the types of administrative law, or rather the types of norms of administrative law. Also, we will describe in detail the structure of the norms of administrative law and the features of the norms of administrative law.

The concept of administrative law

The question about the concept of the norm of administrative law is often asked, so we decided to present it here. Administrative and legal norms - these are the rules of conduct established by the state that regulate relations in the field of public administration, as well as relations of a managerial nature that arise in the process of exercising state power.

Rules of administrative law in Russian Federation determine the procedure for the creation, reorganization and abolition of executive authorities, their list, the goals and objectives of their activities, the competence and other aspects of the legal status of these bodies, their structure and procedure. They also apply to the organization of local self-government, and the procedure for the interaction of its bodies with state authorities.

The norms of administrative law establish, in addition, the procedure for the creation, reorganization and abolition of managed objects - enterprises, institutions and organizations and regulate many aspects of their activities, regardless of ownership, their relationship with state administration bodies. The norms of administrative law also fix the procedure for forecasting, planning and pricing, distribution of material resources, and regulation of wages.

The structure of administrative law

So, The structure of the norm of administrative law- the way and form of the relationship of its elements. These elements are hypothesis, disposition and sanction. At the same time, encouragement is also inherent in the norms of administrative law.

allocated elements of the structure of administrative law norms:

• Hypothesis characterizes the conditions under which the provisions of the relevant legal norm must be applied. In fact, the hypothesis provides for circumstances that serve as the basis for the emergence, change, and termination of administrative legal relations. The hypothesis is usually absent in the administrative and legal norms regulating the organization and activities, as well as defining the powers of state administration bodies and their officials. In the administrative and legal norms that provide for the composition of administrative offenses, the hypothesis merges with the disposition. The hypothesis may also be located not in the administrative legal norm itself, but in general provisions normative act (introductory part, preamble) and even in other legal provisions.
• Disposition This is the wording of the rule of proper conduct. This element of the structure of the administrative-legal norm is expressed in direct instructions that establish mandatory rules of conduct, prohibitions, restrictions on certain actions.
• Sanction- this is an indication of the measures of responsibility applied in case of violations of the administrative-legal norm. Most often, sanctions provide for a measure of disciplinary or administrative action on the violator.

Features of the norms of administrative law

There are the following features of administrative law:

• are a kind of legal norms;
• the object of regulation is a special kind of social relations - managerial;
• administrative and legal norms - a means of realizing public interests in the field of public administration;
• established by state authorities, local self-government, administration of enterprises, institutions, organizations;
• are contained in regulatory legal acts of various legal force (laws and by-laws);
• have a representative and binding character;
• are provided with measures of state coercion;
• pursue the goal of ensuring proper management order;
• in many cases, they regulate social relations that are the subject of other branches of law (financial, land, environmental, labor, etc.).

Types of administrative law (types of norms)

The types of administrative law, or rather the types of administrative and legal norms, are well researched in the legal literature and studied by many jurists. Therefore, it is possible to carry out a different classification of administrative and legal norms, depending on the grounds that underlie the classification. Let's list the existing types of administrative-legal norms.

For the intended purpose:

• Regulatory- containing the rules of creative, normal activity;
• Protective- designed to provide protection, protection of relations regulated by legal norms.

• Material. Legally fix a set of duties, rights, as well as the responsibility of participants in regulated public relations, that is, in fact, their administrative legal status.
  for example, FZ-79 "On the State Civil Service of the Russian Federation" dated July 27, 2004 defines the civil service as a professional activity to ensure the execution of the powers of state bodies. This norm is static, since it only fixes the possibility of acquiring the status of a civil servant described in it in a general form.
• Procedural. According to their purpose, they determine (regulate) the procedure or procedure for the implementation of duties and rights established by the norms of substantive administrative law within the framework of regulated managerial relations.
  In particular, they determine the procedure for entering the civil service and its passage.

According to the method of influence:

• binding, i.e. containing a legal order to act properly under the conditions provided for by the norm.
  for example, to perform certain types of work, it is necessary to obtain a license (official permission); upon admission to the civil service, the relevant officials are required to issue an order; emerging commercial association is obliged to undergo state registration with the justice authorities, etc.
• Forbidding, i.e. providing for a ban on the commission of certain actions under the conditions determined by this rule.
  for example, general is the prohibition of actions (inaction) that fall under the signs of administrative offenses (Code of Administrative Offenses of the Russian Federation); it is prohibited to consider a complaint by an official whose actions are the subject of a citizen’s complaint, etc.
• Authorizing (permissive), i.e. providing for the possibility of the addressee to act within the framework of the requirements of this rule at his own discretion. There is a permission that makes it possible to choose one or another variant of actions (inaction), but within the framework of a certain legal regime created by this norm.
  for example, the citizen is given the opportunity to independently resolve issues related to the practical implementation of his subjective rights and freedoms in the field of public administration (for example, the right to appeal misconduct officials). If a we are talking, for example, about officials, then, in relation to them, permissive norms mean an independent choice of a certain variant of behavior, but not arbitrary, but one of those offered by this norm. Thus, officials exercising control and supervision powers may apply to the violator of the relevant rules of conduct one of the measures of administrative coercion provided for by the administrative-legal norm.
• Stimulating (rewarding), i.e. ensuring proper behavior with the help of appropriate means of material or moral influence on the participants in regulated management relations.
  for example, tax or other benefits, the use of concessional lending, etc.
• Recommendations, i.e. enabling the search for the most appropriate options for solving certain problems.
  for example, recommendations on the most efficient organization of the work of public tax inspections on the application of sanctions for violations of tax laws.

By subject matter:

• By action in space (territorial scale): federal, operating on the territory of a constituent entity of the Russian Federation or a region, intersectoral, sectoral, local (intraorganizational). The effect of administrative and legal norms in space is associated with the position of the body that issued the act;
• By circle of people: obligatory for all subjects, for special subjects (certain groups of persons).

By legal force:

• legislative acts;
• regulations- may be contained in decrees of the President, resolutions of the Government, orders and resolutions of departmental bodies, resolutions of heads of administrations.

By validity period:

• Temporary. If the validity period of the norm is predetermined, then it is temporary, urgent. An urgent rule, if it is not canceled ahead of schedule, terminates automatically when a pre-named date arrives;
• Permanent. Permanent norms are valid indefinitely, their duration is not determined in advance, they are valid until they are canceled.

Address regulating:

• administrative-legal status of a citizen;
• administrative and legal status of commercial organizations;
• administrative and legal status of public associations and other non-profit organizations;
• administrative-legal status of executive authorities;
• administrative-legal status of state enterprises and institutions;
• administrative and legal status of civil servants;
• various issues of organization and activities of executive power units.

By scale of action:

• federal regulations;
• norms of subjects of the Russian Federation;
• local government rules.

According to the object of regulation:

• General, regulating the most important aspects administrative regulation and having a wide application. Such norms are aimed at all spheres and branches of public administration;
• Intersectoral regulating all or several branches of public administration, while having a special character. For example, the administrative norms available in the customs legislation;
• Industry regulating managerial relations arising in certain branches of executive power.

By action in time:

• urgent, for which an expiration date is defined;
• perpetual, i.e. their validity period is not specified and they are valid until canceled by the competent authority.

The concept of the Subject of administrative law and their types

The concept of the Subject of administrative law

First, we will reveal the concept of subjects of administrative law. Term "Subject of Administrative Law" short and in simple words - this is a specific participant in administrative-legal relations in which he enters either by own will(discretion), or by virtue of a duty imposed on him by a special legal norm.

Consider complete definition subjects of administrative law in the Russian Federation. Subject of administrative law- this is a specific participant in relations that meet the special features enshrined in the norms of administrative law, which determine the ability to acquire and exercise rights and obligations on the basis of such norms, which he enters either at his own request (discretion), or by virtue of the obligation assigned to him by special law.

for example, a citizen may challenge the decision adopted by the executive authority in court if he considers that it violates his rights and freedoms. However, he may not contest this decision. An official holding a civil service position in an executive body is obliged to protect the rights and freedoms of citizens and, if necessary, take appropriate measures to ensure them. The prosecutor is obliged, if there are sufficient grounds, to initiate proceedings in the case of an administrative offense; this decision is the realization of its legal status. Examples of the implementation by the subjects of administrative law of their legal status are very, very numerous.

Traditionally subject of administrative law is a natural or legal person (organization), which, in accordance with the norms established by administrative legislation, participate in the implementation of public administration, the implementation of the functions of executive power.

Types of subjects of administrative law

• individual subjects(natural person, citizen, stateless person, foreigner, official, etc.);
• collective subject(individual: participants in a rally, demonstration, picketing, strike, etc.; legal entity, organization, structural unit, state, local government, etc.);
• special subject.

Under individual subject administrative law refers to an individual (person) participating in administrative legal relations. Taking into account the peculiarities of administrative law, in which the vast majority of legal relations are in the nature of "power of subordination", individual subjects have a number of features that significantly distinguish them from subjects of other branches of law. Depending on which party an individual subject participates in administrative legal relations, its legal capacity and legal capacity are determined.

As collective subjects administrative law are various organizations and associations. At the same time, in administrative law, a collective subject does not necessarily have to have the status of a legal entity. Thus, participants in a rally, demonstration, picketing, strike, etc. are recognized as a collective subject in administrative law. The subjects of administrative law are the executive authorities of the state and local self-government, enterprises and institutions, public organizations and associations, etc.

Administrative law also provides for the concept special subject, whose legal status has a number of features that distinguish it from other subjects of administrative law. The following special subjects of administrative law are distinguished: members of administrative teams; subjects of administrative guardianship; subjects of the licensing system; residents of territories with a special administrative and legal regime; subjects of administrative supervision, etc.

Subject of administrative law

In this paragraph, we will reveal the concept of the subject of administrative law. Term "Subject of the branch of administrative law" short and in simple words - social relations, which are regulated by the norms of administrative law.

Consider complete definition subject of the branch of administrative law in the Russian Federation. Subject of administrative law- a set of social legal relations that develop in the process of organization and activities of the executive branch, other state bodies and officials, enterprises, institutions and organizations.

The subject of administrative law includes three areas of legal relations, namely:

1. managerial relations- are executive and administrative activities. Within the framework of these legal relations, the goals, tasks, functions, powers of the executive power are directly implemented;
2. organizational legal relations- auxiliary. Organizational legal relations are implemented in the process of forming the composition of state bodies, the distribution of rights, duties and responsibilities between them in general when forming the management structure;
3. control legal relations- like any other activity, the implementation of public administration is controlled by specialized bodies. To some extent, control powers are typical for any state body, but for some bodies this function is the main one. The method of administrative and legal regulation is a set of means and methods of influencing managerial relations, the behavior of their participants.

The concept of Sources of administrative law, their types and its system

Perhaps you are interested in what are the sources of administrative law? Therefore, we decided in this section to consider the interpretation of the term source of administrative law, the types of sources and the system of sources.

The Concept of Sources of Administrative Law

Consider complete definition sources of administrative law in the Russian Federation. Sources of administrative law- these are external concrete forms of expression of administrative-legal norms, i.e. refers to legal acts of various state bodies containing such legal norms (otherwise regulations).

Types of sources of administrative law

Also, often people are interested in what types of sources of administrative law are, then we’ll talk about them in more detail.

Legal sources of administrative law are divided into the following types:

• federal sources of law(adopted by federal government agencies and operating throughout the country);
• sources of law of subjects of the Russian Federation(accepted by state authorities of the subjects of the Russian Federation and operating on the territory of this subject).

To the number federal legal sources administrative law include:

• the constitution of the Russian Federation;
• international legal treaties and agreements;
• federal constitutional laws; federal laws;
• resolutions of the State Duma and the Federation Council of the Federal Assembly; decrees of the President of the Russian Federation; Decrees of the Government of the Russian Federation;
• legal acts establishing the legal status of federal ministries, federal services and federal agencies;
• normative acts of federal ministries and other federal executive bodies.

At the level subjects of the Russian Federation The sources of administrative law are:

• legislative and other normative acts of representative and executive bodies (constitutions of the republics - subjects of the Russian Federation, charters of territories, regions, cities of federal significance, autonomous regions, autonomous districts);
• legal acts of local self-government bodies, their administration and executive bodies, adopted within the powers granted to them.

The system of sources of administrative law and its features

Allocate six features system of sources of administrative law (SIAP):

1. Administrative legislation forms its core (in contrast to the system of sources of criminal law);
2. administrative and administrative procedural legislation are jointly administered by the Russian Federation and its constituent entities (in accordance with);
3. variety of sources;
4. consists in a huge number of sources included in the SIAP;
5. mobility and variability of SIAP;
6. the complexity of systematizing administrative and legal norms and the impossibility of their unified codification.

Methods of administrative law and their essence

Administrative law uses various techniques and methods to regulate administrative relations. And first of all, the methods peculiar to all (or many) branches of law. Comparing with the methodology of the general theory of law, we can say that all this is applicable to the method of administrative law. Any branch of law, including administrative, uses three main methods:

1. prescription: the establishment of a certain procedure for actions - an instruction to act in appropriate conditions and in the proper manner, provided for by this administrative-legal norm. Failure to comply with such an order does not entail legal consequences, the achievement of which is oriented by the norm;
2. Ban: the prohibition of certain actions under pain of applying appropriate legal means of influence (for example, disciplinary or administrative liability). Thus, it is forbidden to send citizens' complaints for consideration to those officials whose actions are the subject of the complaint; guilty officials shall bear disciplinary responsibility for violation of this prohibition;
3. permission: providing the opportunity to choose one of the options for proper behavior provided for by the administrative-legal norm. Usually, this method is designed to regulate the behavior of officials, and the latter have no right to evade such a choice. This is a “hard” version of permission, which makes it possible to exercise independence in deciding, for example, the issue of applying to a person who has committed an administrative offense one or another measure of administrative influence (punishment) or releasing him from liability.
   Permission is also expressed in the provision of the opportunity to act (or not act) at one’s own discretion, that is, to perform or not to perform the actions provided for by the administrative legal norm under the conditions specified by it. As a rule, this takes place in the implementation of subjective rights. For example, a citizen himself decides whether it is necessary to appeal against the actions of an official, which he assesses as unlawful. This is the "soft" version of permission. In this regard, it should be emphasized that the actually permissible options for control action have all the features of official permission to perform certain actions.

According to another classification in legal theory there are two main methods legal regulation - imperative and dispositive, which are characteristic of two large, opposite in their legal nature and purpose, blocks of legal branches - public (for example, administrative, state (constitutional), procedural) and private (for example, civil, labor) law.

1. Imperative method of legal regulation- This is a method of authoritative prescriptions, characteristic primarily for administrative law. This method is distinguished by the imperious-imperative principles of regulation of relations and is characterized by relations of subordination (subordination), the establishment of the appropriate legal status of subjects of law. For example, the system of legal regulation of law enforcement or military service includes many imperative legal characteristics that determine the proper construction and functioning of such types of public service. At the same time, the relationship between law enforcement officers or military personnel is based on direct subordination, command and centralization of control;
2. dispositive method involves the establishment of the legal equality of participants in legal relations, the freedom to exercise their will. This method is used mainly in the branches of private law (civil, labor, family). The legal fact in this case is, as a rule, an agreement in which the parties independently establish rights, obligations and liability for violation of its provisions on an equal footing. The dispositive method can be used within certain limits in the system of administrative and legal regulation, for example, when concluding administrative contracts, distributing state functions between public authorities.

The system of administrative law and its parts

In this section, we will explain to you what the term system of administrative law means and describe in detail the parts of the system of administrative law.

The concept of the system of administrative law

We will reveal the concept of "administrative law system" and describe its parts. So, Administrative law system - this is the internal construction of administrative law as a branch of law, a set of interrelated and interdependent legal institutions and norms that regulate social relations in various areas and branches of management.

Parts of the system of administrative law

As promised, we will consider parts of administrative law. Initially, the system of administrative law divided into two parts:

1. AT general part includes norms containing principles, methods of management (subject, forms and methods, subjects of administrative law, responsibility under administrative law, administrative process);
2. AT special part- specific norms regulating certain areas of activity with the participation of the executive power (economic sphere, socio-cultural sphere, administrative-political sphere, intersectoral).

In its turn, a common part The system of administrative law consists of:

1. General provisions and general principles of administrative law (subject of AP, method of AP, system of administrative law, administrative legal relations, sources, norms of AP, subjects of AP relations);
2. The main issues of organizing the activities of executive authorities (issues of the system of federal OIV and OIV of the subjects of the federation; the legal status of individual federal OIV and OIV of the subjects);
3. Sub-branch - service law (institute of public positions, institution of the legal status of civil servants, institution of public service);
4. Institute of special administrative-legal statuses (refugees, unemployed, individual entrepreneurs etc.);
5. Institute of administrative procedures (regulates the procedure for the execution of state functions);
6. Institute of Administrative and Legal Coercion;
7. Administrative and tort law;
8. Administrative litigation.

Compared to the general part, special part of the administrative law system does not have a complete system and structure of the branch of legislation, but there are two approaches to the special part of the administrative law system:

• By areas of management which includes three areas:
  • 1) management in the field of administrative and political activities (state administration in the field of defense, security);
  • 2) management in the economic sphere of the state (management of public property);
  • 3) management in the socio-cultural sphere of activity of the state-va (in the field of science, culture, etc.).
• Sub-sector- the main element of the Special Part, which is grouped according to the specific subject of regulation, the dominance of the administrative-legal method and the presence of a relatively separate regulatory framework: customs law, educational law, urban planning law, antimonopoly, medical, transport, public law, state security etc.

Structure of administrative law

In this paragraph, we will reveal one of the essential parameters, the concept of the structure of administrative law. Definition (term) "Structure of administrative law" - a set of norms that make up administrative law, united in institutions, sub-branches and parts of administrative law.

However, the illumination of the structure is also possible in non-traditional ways. Doctor of Law Yu.N. Starilov, for example, proposes to consider administrative law as a set of segments of law that combine norms on a functional basis. Thus, general administrative law seems to the professor to be a system of general norms that determine the essence of administrative and legal regulation in its entirety and in relation to all subjects of law and regulate the four largest blocks of relations:

• organizational and management law regulating relations in the field common organization management and its implementation in various industries and areas;
• management process, i.e. the procedure for performing management actions, establishing management procedures, adoption and execution of legal acts of management (normative and individual), administrative contract;
• administrative process(administrative proceedings), i.e. judicial protection of citizens from actions and decisions of public authorities that violate their rights and freedoms (consideration by the court of a citizen's complaint against the actions and decisions of government bodies, officials, state and municipal employees); Russian science of administrative law defines the judicial protection of the rights and freedoms of citizens from actions and administrative acts that violate the rights of freedom of citizens, the term "administrative justice";
• administrative and tort law, establishing the so-called administrative-tort (administrative-jurisdictional) relations, i.e. relations that arise in the process of applying measures of administrative coercion by authorized bodies and officials to subjects that violate the rules of conduct that are mandatory for all; administrative-tort law, according to Yu.N. Starilov, consists of two parts: substantive administrative-tort law and procedural administrative-tort law.

The concept of management in administrative law and their types

In this section, we will explain to you what the term management in administrative law means and describe in detail the types of management in administrative law.

The concept of management in administrative law

The question about the concept of management in administrative law is often asked, so we decided to present it here. "Management in administrative law" - these are executive and administrative actions carried out using the method of power and subordination, aimed at the functioning of complexly organized systems, designed to ensure their safety, maintain the regime of activity.

Types of management in administrative law

The types of management in the branch of administrative law have been studied by many jurists. Therefore, it is easy to list the existing types of management in the field of administrative law.

There are the following types of management in administrative law:

• state;
• collective - regulation at the level of the team;
• family.

By influence methods distinguish the following kinds:

• mechanical;
• technological;
• social;
• biological.

Functions of administrative law concept and types

In this section, we will explain to you what the term Administrative Law Functions means and describe in detail the types of Administrative Law Functions.

The concept of the function of administrative law

The functions of administrative law determine its significance and role in the establishment of administrative legal relations, reflect the nature and role of managerial social relations arising in the sphere of organization and functioning of the executive branch.

Types of functions of administrative law

The types of functions of administrative law are described by many jurists. Taking into account the structure of the general part of administrative law, they distinguish two main functions administrative law: regulatory and protective. In turn, the regulatory function consists of five subspecies. So, we list the types and subspecies of the functions of administrative law:

• Regulatory the function is expressed in the impact on social relations through the establishment of rights, obligations, prohibitions, restrictions, powers, competence of the subjects of administrative law. For example, legal norms establish the concept and types of civil service positions, the rights and basic duties of civil servants, the procedure for serving, the procedure for attesting civil servants, and the need to conclude a service contract. Subspecies of the regulatory function:
  • 1) Organizational the type of this function of administrative law ensures the proper level and limits of the normative legal regulation of the organization and functioning of both the executive branch and all types, forms and methods of public administration.
  • 2) executive view this function contributes to the implementation by the subjects of administrative-legal relations of their legal status. Administrative law in this sense ensures the implementation of Russian administrative legislation regulating relations in the field of public administration, organization and functioning of the executive branch.
  • 3) permission type This function of administrative law is realized in the establishment of licensing administrative-legal regimes, i.e., in determining the system of licensing proceedings used in many institutions of administrative law. In this case, administrative-legal regulation makes it possible to carry out in the proper scope such a function of public administration as the permission of any activity, the determination of the appropriate legal status of participants in administrative-legal relations.
  • 4) Rulemaking view this function of administrative law is arbitrary from the function of lawmaking, carried out by state executive authorities. At the same time, the procedure for the adoption of regulatory legal acts by federal executive bodies is established by the relevant regulatory administrative legal acts. Administrative rule-making is based on the law, therefore it is lawful, i.e., corresponding to the principle of legality.
  • 5) Supervisory view This function of administrative law is manifested in the need to exercise the function of control and supervision in the established field of activity by specially created federal executive bodies, their territorial bodies in the constituent entities of the Russian Federation, as well as by the relevant regional state executive bodies.
• Protective the function is manifested in the impact of administrative law on the subjects of public relations, prompting them to comply with the administrative and legal norms established by the state. When implementing the protective function of administrative law, administrative coercion can be used, as well as legal liability measures and restorative sanctions. The protective function of administrative law is implemented through the relevant activities of state bodies, state and municipal employees, and other subjects of administrative law. A civil servant has the right, for example, to apply to the relevant state bodies or to the court to resolve disputes related to public service, including on issues of attestation, disciplinary liability of an employee, non-compliance with guarantees of legal and social protection of a civil servant, dismissal from service.

Principles of administrative law

In this section, we will explain to you what the term principles of administrative law means and list the main principles in detail.

The main principles include:

1. The principle of equality before the law. According to Art. 1.4 of the Code of Administrative Offenses of the Russian Federation, persons who have committed administrative offenses are equal before the law. Individuals are subject to administrative liability regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Legal entities are held administratively liable regardless of location, organizational and legal forms, subordination, as well as other circumstances. Special conditions for the application of measures to ensure proceedings in a case of an administrative offense and bringing to administrative responsibility officials who perform certain state functions (deputies, judges, prosecutors and other persons) are established by the Constitution of the Russian Federation and federal laws.
2. The principle of the presumption of innocence is enshrined Art. 1.5 of the Code of Administrative Offenses, according to which a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. A person in respect of whom proceedings are being conducted on a case of an administrative offense is considered innocent until his guilt is proven in the manner prescribed by the Administrative Code and established by a valid decision of the judge, body, official who considered the case. A person brought to administrative responsibility is not required to prove his innocence. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.
3. Priority principle interests of the individual in the life of society. states: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state. The state, including in the process of exercising executive power, guarantees the rights and freedoms of citizens, ensuring their protection.
4. Rule of law principle when applying measures of administrative coercion in connection with an administrative offense, established, states that a person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure proceedings in a case of an administrative offense otherwise than on the grounds and in the manner established by law. The application by an authorized body or official of administrative punishment and measures to ensure proceedings in a case of an administrative offense in connection with an administrative offense is carried out within the competence of the said body or official in accordance with the law. When applying measures of administrative coercion, decisions and actions (inaction) that degrade human dignity are not allowed.
5. The principle of separation of powers- one of the most important conditions for the functioning of the rule of law. Each branch of power (executive, legislative and judicial) must be independent, which implies the prevention of substitution of one branch of power by another, excludes the intrusion, for example, of the legislative into the sphere of executive power, and implies business interaction all branches. Only in this case, public administration will be effective, and the interests of the individual are guaranteed and protected. Proper implementation of the norms of administrative law is possible if this principle is observed.
6. The principle of legality involves the application of administrative and legal norms of law in strict accordance with the Constitution, laws of the Russian Federation and other regulations.
7. The principle of publicity means that acts of administrative rule-making, as a rule, come into force no earlier than from the moment of their official publication. Administrative and legal acts, activities of executive authorities, results of administrative and legal regulation, etc. should be in the public domain. In addition, when issuing and implementing norms of administrative law, the opinion of citizens, public associations, etc., should be taken into account.
8. The principle of responsibility. The established norms of law must be respected, otherwise the violators will be liable. At the same time, administrative liability must be imposed in accordance with the procedure and amount established by the Administrative Code and by the state bodies competent for this.

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Information sources

PravoDeystvie LLC sincerely thanks the following sources for providing information on administrative law: ru.wikipedia.org; www.grandars.ru pages:, No. 3; be5.biz.

The concept of "management" in administrative law

The concept of "administration" comes from the Latin word "management".

Control- administrative actions aimed at the functioning of complexly organized systems, designed to ensure their safety, support the mode of operation.

Allocate the object, subject and content of management.

Control object – various systems and their components (people, phenomena, events, etc.).

The subjects of management are always people. Allocate two groups of control subjects:

1. sole proprietors;
2. collegiate (groups of people).

There are three types of management: technical, biological, social:

1) technical - control of objects based on technical rules (physical, mathematical), for example, control of machine tools, complex machines, etc.;

2) biological - management of biological processes, taking into account the laws of nature, the patterns of development of certain organisms (poultry farming, breeding, animal husbandry, etc.);

3) social - management of people. In this case, both groups of people (work collective, students, etc.) and individuals can act as the object of control. The most complex in its structure is government, which in broad sense represents an association of groups of people (labor collectives, public associations, nations, etc.). It is social management that is the main component in the content of management as a whole. The features of social management are:

a) an object is always a person or a group of people;

b) relations arising in the course of social management are of an organized, legal nature;

c) social management has a power-volitional character, i.e., it is carried out on the basis of the priority of the will of the subjects of management, securing special rights for them;

d) a special subject of management - authorities or other authorized person.

Control types:

• state;
• collective - regulation at the level of the team;
• family.

Public administration is a type of social administration, the functioning of which is associated with the formation of a special branch of law - administrative law. The main sphere of application of the norms of administrative law is precisely public administration.

Public administration is the organizing influence of the entire state apparatus on an extremely wide range of social relations in all ways available to the state.

RELATIONSHIP OF ADMINISTRATIVE LAW WITH OTHER BRANCHES OF LAW

Most close relationship with constitutional law, which regulates the main social relations that develop in the sphere of state structure, the organization of types of state power, the procedure for the formation and organization of the activities of the executive authorities of the Russian Federation.

Relationship with municipal law. Local self-government bodies are not included in the system of state authorities. Their activity can be an object of administrative law if they are endowed by law with separate state powers. Under local governments, there are many different administrative commissions authorized to consider and resolve cases of administrative offenses.

Connection with the discipline "Law enforcement and law enforcement." Many executive authorities and state administration carry out law enforcement as their main (subjective) functions, the status of law enforcement agencies is determined by administrative norms.

Communication with financial, tax and customs law. Administrative law determines the competence of the subjects of these industries, regulates the organization of their activities, and also regulates the administrative procedural procedure for considering cases and bringing to administrative responsibility.

connection with land law, the norms of which govern relations between land users and the state. However, the executive authorities land rent, withdraw them, control their rational use.

with labor law there is also a connection in the sphere of regulation by the norms of administrative law of the official duties and rights of officials, the passage of a special public service (defense, internal affairs, security service, etc.).

Relationship with civil law on the issues of regulation of property relations by the executive authorities, government bodies, their officials is also carried out by the method of power - subordination.

Connection with criminal law carried out according to the qualification of the composition of the administrative offense, according to the degree of public danger of the act; if criminal liability is not provided, then within two months the issue of bringing the offender to administrative punishment is resolved.

Communication with criminal procedure, civil procedure law and judicial legislation. The main difference is in the procedure for using the functions of administrative power, i.e., there is an extrajudicial nature of their implementation by executive authorities, their officials (jurisdictional powers) to consider and resolve administrative disputes and cases of administrative offenses.

Available connection with such branches of law as air, maritime, forestry, environmental, mining, customs, etc. Relations in them are regulated by various branches of law, including administrative norms.

The system of executive power of a subject of the Federation is understood as a set of bodies of a subject of the Federation exercising state executive power, their subordination, means of their interaction with other state authorities and local governments.

AT single system executive power of the constituent entity of the Russian Federation includes:

a) the head of the executive power of the subject of the Federation - the president of the republic, the head of the administration, the governor, etc.;

b) an executive body of state power of general competence (government or administration);

c) executive bodies of state power of special competence (sectoral and intersectoral);

d) territorial bodies of state executive power of general competence, operating within the boundaries of administrative-territorial formations (cities and districts of republican or regional subordination, etc.) or on the territory of administrative (administrative) districts;

e) territorial bodies of state executive power of special competence, which are structural subdivisions of bodies of general competence or sectoral (intersectoral) bodies of a constituent entity of the Federation In most republics, the head of executive power is the president, in Karelia - Prime Minister, popularly elected and unilaterally leading the executive authorities, and in the Republic of Dagestan - State Council, which is a collegial body and formed by the Constitutional Assembly of the Republic of Dagestan.

The status of the head of the executive branch is characterized by considerable diversity. The following options for determining the legal status of the President of the Republic are distinguished:

a) the president of the republic is the head of the republic and its highest official (Republic of Bashkortostan, Republic of Ingushetia). The constitutions of these republics do not contain an indication that the president is part of the executive branch or heads the executive branch;

b) the president of the republic is the head of state, the highest official and heads the system of executive power of the republic, while the activities of the government are led by its chairman, appointed by the president (the republics of Yakutia, North Ossetia, Tatarstan, Tyva);

c) the president of the republic or the head of the republic is the head of state, the highest official, heads the system of executive power and is the chairman of the government of the republic (Republic of Buryatia, Komi).

The powers of the head of state (head of the republic), which characterize this person as the head of the executive branch, include:

Powers to form the government of the republic;

Powers to form other, including territorial, executive authorities;

Powers for direct management of executive authorities;

Powers to cancel acts of executive authorities and apply disciplinary measures to managers.

The issue of the second official in the system of executive power of the republics, who acts as the head of the executive power during the period when the president (head of the republic) is unable to fulfill his duties, is resolved in different ways. It can be a vice president (the republics of Ingushetia, Yakutia, Tatarstan, Tyva), a chairman of the government (the republics of Bashkiria, North Ossetia), a deputy prime minister or a deputy head of a republic (the republics of Karelia, Komi). According to Art. 78 of the Constitution of the Republic of Buryatia, the powers of the head of the executive power are temporarily exercised by the Chairman of the People's Khural of the Republic of Buryatia.

The head of executive power in the territories and regions is the head of administration or governor.

Its legal status is enshrined in the charter of the subject of the Federation, in laws on the system of public authorities or in special laws on the head of the executive branch (for example, the Law of the Kaliningrad region "On the head of the administration (governor) of the Kaliningrad region").

The head of the administration (governor) is the highest official of the subject of the Federation and manages the system of executive authorities of the region (territory) on the principles of unity of command. Legal status the head of the administration (governor) can be differentiated according to the following criteria:

a) the head of the executive branch heads the system of executive bodies, and the body of general competence is headed by another official appointed by the governor (the chairman of the government, the vice-governor, the first deputy head of the administration) –– Sverdlovsk region, Yaroslavl region, Moscow region;

b) the head of the executive authority manages the system of executive authorities and heads the government of the region (territory) - the Saratov region, the Kaliningrad region, the Stavropol Territory.

Head of the executive power of the region (territory):

Forms (jointly or in agreement with the legislative body) and in accordance with the management scheme of the subject of the Federation sectoral and territorial executive authorities, appoints and dismisses their leaders;

Approves regulations on sectoral and territorial executive authorities;

Forms, reorganizes and liquidates other state organizations appoints their leaders, approves their charters and regulations;

The right to cancel the acts of subordinate executive authorities of the subject of the Federation;

Issues legal acts (decrees and orders) that are binding on the entire territory of the subject of the Federation.

Government (administration) of a subject of the Federation is a collegial executive and administrative body of state power, accountable to the president of the republic (head of the republic) and the legislative and representative body of the republic. The government may have the status of the highest body of executive power.

In the territories and regions, two types of organizational and legal status of the government are distinguished: firstly, the government can be an independent executive body of state power, have its own competence, be organizationally separate from the head of the executive power (Sverdlovsk region, Yaroslavl region); secondly, the government can be organizationally included in the structure of the administration of a subject of the Federation, and, without having functional and legal independence, exercise part of the competence of the administration. In this case, the first deputy head of the administration (governor) heads the government, and other members of the government are officials of the administration (Krasnodar Territory, Murmansk Region).

Composition and structure of the government of the subject of the Federation are determined by the constitutions, charters of the subject of the Russian Federation and laws on the government, as well as decrees and resolutions of the president and the head of the administration (governor).

The Government consists of the Prime Minister, Deputy Prime Ministers and members of the Government. Deputy prime ministers and members of the government, as a rule, are heads of relevant sectoral ministries, state committees, departments or territorial executive authorities (in some regions and federal cities). They are appointed by the head of the executive branch with the participation of the legislative and representative bodies of state power.

In most areas, the executive authority of general competence acts administration of the region (territory).

The activities of the administration are managed by the head of the administration on the principles of unity of command. Although in some subjects of the Federation, collegial divisions function as part of the administration. For example, according to Art. 7 of the Law of the Altai Territory "On the Administration of the Altai Territory" in the structure of the administration, an administration council is created - a collegiate body that makes decisions on behalf of the administration on the most important issues in the life of the region.

Administration structure region (territory) is approved by the head of the executive power or, at his suggestion, by the legislative and representative body of state power of the subject of the Federation. The following typical elements of the administration structure stand out;

a) heads of administration - head of administration (governor), first deputy (vice-governor or chairman of the government), deputy heads of administration;

b) the government of the region (territory) - the governing collegiate body created in some subjects of the Federation to resolve the most important issues within the competence of the administration;

c) collegium - an advisory body under the head of the administration, created for the collective consideration of certain issues related to the preparation and implementation of draft plans and programs for the development of the region;

d) structural subdivisions that form the apparatus of the administration and do not have organizational independence, - departments, committees and departments;

e) structural subdivisions of special competence that have organizational independence and carry out sectoral and intersectoral public administration - ministries, departments, committees, main departments (departments);

f) territorial structural subdivisions exercising state executive power on the territory of cities, districts and other administrative-territorial entities.

The listed composition of the elements of the administration structure is specified in relation to each subject of the Russian Federation where such a state body exists. At the same time, the system of executive authorities established by the charter or other legislative act is of paramount importance.

It should be borne in mind that the administration in some subjects of the Federation is understood not as a body of general competence, but as a set of bodies that form a system of executive authorities. In accordance with paragraph 3 of Art. 29 of the Charter of the Moscow Region, executive power in the Moscow Region is exercised by the executive authorities of the Moscow Region (Administration of the Moscow Region), which includes the Government of the Moscow Region, sectoral executive authorities of special competence, and territorial executive authorities of the Moscow Region.

Functions and powers assigned to executive authority of general competence, can be subdivided into general and specially-industry. The former include the issuance of resolutions and orders that are obligatory for execution on the territory of the republic; implementation of operational management by lower executive authorities; formation of subordinate bodies and institutions and approval of regulations on them; cancellation or suspension of acts of lower executive authorities; appointment and dismissal of heads of executive authorities and other state organizations.

Special-industry functions and powers are associated with executive activities in various fields public life: economic, socio-cultural, environmental protection natural environment, law enforcement and public safety. In these and other areas, the government (administration) pursues state policy, drafts plans and programs for socio-economic development, manages state property, creates conditions for the activities of state and non-state organizations, takes measures to protect the rights and legitimate interests of citizens and organizations, etc. d.

Executive authorities of special competence in the republics there are ministries, state committees, committees, departments, and in regions (territories) - ministries, state committees, departments, departments and other bodies that are part of the executive power structure. They act on the basis of provisions approved by the head of the executive branch, the government of a constituent entity of the Federation, or the relevant federal agency.

The structure of bodies of special competence is predetermined, firstly, by the composition and structure of the federal executive bodies and the territorial bodies they create, secondly, by the status of the subject of the Federation, and thirdly, by the socio-economic development of the subject of the Federation and its financial and budgetary capabilities.

There are several types of bodies of special competence:

They are independent bodies of executive power or structural subdivisions of the government (administration). They are legal entities and act in legal relations on their own behalf. These include bodies exercising executive power in the field of education, healthcare, culture, economics, construction and architecture, sports and tourism, etc. The heads of these bodies are appointed and dismissed by the head of the executive branch or the government. Most of the provisions on these bodies emphasize that they build their relationship with the relevant federal executive bodies on the basis of agreements and the implementation of methodological recommendations;

Joint subordination, which are part of the system of federal executive bodies and at the same time subordinate to the head of executive power (bodies of internal affairs, finance, justice, state property management, environmental protection, land resources and land management, social protection of the population). Those of them that are not territorial federal bodies are created by the head of the executive branch and are included in the structure of the administration (government).

Some of the sectoral (intersectoral) bodies of special competence have their own territorial bodies in cities and districts. They act on the basis of provisions approved by the head of the relevant executive body of the subject of the Federation, who also appoints the head of the territorial structural unit.

The system of local executive authorities of the subjects of the Federation depends on the administrative-territorial structure of the subject of the Federation and on the territorial basis of local self-government.

The following systems of organization of territorial executive bodies of state power are distinguished. Firstly, there are subjects of the Federation where local executive bodies of state power of general competence have not been created, since municipalities have been created in cities and districts of republican (regional) subordination and local self-government bodies are operating. State executive power in cities and districts is exercised only by territorial bodies of special competence (Republic of Karelia, Krasnodar Territory).

Secondly, administrations of administrative (administrative) districts, prefectures act as local bodies, exercising executive power on the territory of several administrative-territorial units (districts and cities, districts in a city) and being territorial bodies of general competence, directly subordinate to the head of executive power and to the government of the subject of the Federation (Sverdlovsk region, Leningrad region, Moscow). Such territorial bodies are headed by prefects, administrators, and plenipotentiaries appointed by the head of administration (governor), who are ex officio members of the government of a subject of the Federation.

Thirdly, local executive authorities are the administrations of districts, cities and other administrative-territorial entities, which provide for the creation of public authorities. In some subjects of the Federation, local administrations are included in the structure of the regional administration, and their head is appointed by the head of administration (governor) of the region or territory. In others, the district and city administrations are independent bodies of state executive power of general competence, the head of which is elected by the population.

At the same time, it should be taken into account that the Constitutional Court of the Russian Federation, in its decision of January 24, 1997, in the case on the verification of the constitutionality of the Law of the Udmurt Republic "On the System of State Authorities in the Udmurt Republic", developed a legal position according to which the subjects of the Federation cannot create executive bodies of the state authorities in territories that do not have the status of administrative-territorial units of republican subordination, directly included in the territory of the subject of the Russian Federation in accordance with its administrative-territorial division*. If the local administration is an independent body of a specific administrative-territorial unit, and not a structural subdivision of a higher (republican) executive body, then its head and his deputies cannot be appointed by higher state authorities, since such an order does not comply with the principles of separation of powers established by the Constitution, differentiation subjects of jurisdiction and powers between authorities of different levels. That is, the Constitutional Court of the Russian Federation formulated a provision that local executive bodies enter into a single system of executive power directly, as its independent subjects, building their relations with the higher administration on the same principles on which the relations of the latter with federal government bodies are built.

Nevertheless, the organization of local state executive power in the republics and regions cannot be of the same type, since they have a different structure of the administrative-territorial structure, tasks of a state-administrative nature that are different in scale and volume, and a different level of socio-economic development.

14. Administrative and legal methods are ways to implement the tasks and functions of the executive branch, means of direct influence of executive authorities on managed objects (industries, spheres, management bodies of various organizations, groups of workers, citizens). These methods show how the state solves problems in the field of management. Management methods are characterized by the fact that they are used by executive authorities to solve their specific tasks; applied daily and selectively; are found in the interaction of the subject and the object of management; express the competence of executive authorities to adopt legal acts, as well as to exercise other state powers. This implies an important conclusion that management methods are derived from the political regime of the state.

The methods of purposeful managerial influence of executive authorities (officials) on their objects are very diverse, since not only subjects, but also objects of management have their own characteristics regarding their purpose, organizational and legal status. In the sphere of executive power, there are various groups of social relations that require a different approach to their settlement, taking into account the form of ownership, departmental affiliation, etc. It is clear that, for example, in relation to state-owned enterprises, different methods of management are applied than to non-state ones.

Methods of influence, as well as forms of implementation of executive power, are fixed in the legal acts of management. For example, a government decree usually indicates the purpose of its publication and specific ways (methods) of external influence on the control object in order to achieve the goal. In this case, it may be indicated specific types control, accounting, checks, executed documents, material and moral incentives, measures of administrative coercion, etc.

Among the various methods used in the process of exercising executive power, the methods of persuasion and coercion, which are used in any kind of state and public activity, are distinguished first of all.

persuasion method should be the main method of activity of executive authorities, which involves systematic work to convince the masses, the formation of public consciousness of the need for proper behavior of participants in managerial social relations, their strict observance of the rules established by the state. Explanation of the goals of the state, draft laws, government programs, events carried out by the authorities, etc. necessary because they affect the interests of the majority of citizens and should be clear to them. Persuasion also acts as a means of preventing offenses and strengthening state discipline. Among the measures of persuasion are clarification, justification, discussion, suggestion, encouragement, showing positive objects of control, and much more, described and implemented in the concepts and procedures of social psychology and pedagogy.

By the nature of the impact (direct or indirect) on the consciousness and will of people, they differ economic and administrative methods.

Economic - these are methods of indirect influence on the control object. Most often, such economic levers as prices, taxes, interest, bonuses, property benefits, economic sanctions, etc. are used. With their help, the executive authority (official) achieves the desired behavior of the control object, influencing its material (property) interests. Therefore, they are called economic methods of management.

To administrative include methods of direct or non-economic influence on the part of the subjects of control on the conscious-volitional behavior of the controlled. The name of these methods is determined by the fact that they are most typical for executive authorities. The executive authority (official), within its competence, makes a management decision (legal act of management), legally binding for the object of management. The specific content of administrative-legal methods is very diverse: an instruction on the obligatory performance of certain actions; restriction or prohibition of certain actions; resolution of disputes between participants in management relations; the use of other methods aimed at quickly and effectively solving problems that arise in the implementation of public administration activities.

Economic and administrative methods of management, despite their differences, are interconnected, and their opposition is unacceptable, since they are used with a single ultimate goal - the implementation of the control action of the subject on the control object. Taking into account the expansion of the operational independence of state enterprises, their denationalization, the task of a reasonable combination of means of control influence comes to the fore.

In the conditions of the former directive-planned economy, the methods of administrative influence were the main ones. As Russia moves towards a market economy, economic methods are becoming more and more widely used. But the notion is wrong, according to which in a market economy the mandatory instructions of the executive authorities are generally inappropriate. The market economy should not at all be an element that is not regulated by the state in any way - the forms and methods of such regulation should be changed. Although the implementation of the creative initiative and independence of the governed becomes the main method, this does not exclude the use of the method of mandatory prescriptions. For example, the Decree of the President of February 28, 1995 "On measures to streamline state regulation of prices (tariffs)" * contains an order to allow state regulation prices (tariffs) for products of natural monopolies. On increasing the role of the state in regulation market economy also testify to the normative legal acts adopted in last years, for example, on the issues of licensing the activities of individuals and legal entities, the management of federal property, the stabilization of the consumer market, and the improvement of the state price (tariff) policy.

15.Concept, subjects, content of administrative supervision

An important role in achieving the goals set for the public administration is played by control over compliance with legal norms, that is, supervision.

It is known that control is an attribute of administrative power, one of its most important functions. It includes monitoring the legality and expediency of activities, evaluating them from the standpoint of legal, scientific, socio-political, organizational and technical. But in many cases, in order to ensure the freedom of citizens, enterprises, organizations, to protect them from excessive state guardianship, the control powers of the subjects of power are limited, legal acts provide them with the opportunity to exercise only supervision. And when there is no organizational subordination between the inspectors and the verifiable, limiting control to supervision is necessary to prevent interference in the operational activities of entities that are not responsible for its consequences.

In the context of reducing state interference in the activities of organizations, in the lives of citizens, the transition to a rule of law state, the scope of supervision will increase due to the narrowing of the scope of control. In addition, the scope of supervisory activities is expanding because the role of technical means and various technical rules in the life of society is increasing, monitoring compliance with which is an important condition for ensuring security.

Supervision is limited, narrowed control. In Russia today there are three types of supervision:

1) judicial;

2) prosecutorial;

3) administrative.

16. Administrative and legal norms are classified according to other criteria. So, according to the addressee, norms regulating:

a) the administrative and legal status of citizens;

b) organization and operation of the mechanism of executive power, i.e. various parts of the public administration apparatus;

c) the administrative and legal status of civil servants - employees of the administrative apparatus;

d) key issues of organization and activities of state enterprises and institutions;

e) administrative and legal status of public associations;

f) certain aspects of the functioning of various types of commercial structures, including private ones.

Taking into account the federal structure of Russia, administrative and legal norms are classified according to the scope of action. This is:

a) general federal norms;

b) the norms of the subjects of the Federation.

According to the volume of regulation, administrative and legal norms are divided into:

a) general, i.e. extending its effect to all spheres and branches of public administration and regulating the most important aspects of the process of exercising executive power. Most often, such norms are contained in legislative acts, decrees of the President and resolutions of the Government of the Russian Federation;

b) intersectoral, i.e. regulating those or other aspects of public administration, which are common or contiguous for all or many branches of public administration and at the same time have a special character. For example, such features are characteristic of the norms of antimonopoly, environmental legislation, the norms contained in the provisions on intersectoral executive bodies (statistics, tariffs), etc.;

c) industry, i.e. regulating certain aspects of managerial relations that arise within the boundaries of the sphere assigned to the executive bodies of sectoral competence (for example, ministries).

There are other classification groups of administrative and legal norms. For example, they can be either intra-system (their legal force extends to lower levels of the mechanism of executive power), or generally binding (their effect extends to all participants in regulated relations) character.

17.in 12 answer

18. The science of administrative law is a set of theoretical knowledge, provisions, views and ideas about the essence of executive power and public administration, the practice of their implementation, the mechanism of administrative and legal regulation, the administrative and legal status of public administration entities, the forms and methods of their activities.

This is the result of the activity of specialists in this field of knowledge, expressed in the study, interpretation and explanation of administrative and legal phenomena and a certain amount of accumulated, meaningful and systematized knowledge about administrative legal relations, administrative law norms, administrative legal institutions, concepts and categories.

The subject of the science of administrative law is social relations that develop in the process of public administration, the norms of administrative law, the history of their development; explanation, interpretation, development of proposals for improving the legal norms and practice of their application.

Control- the process of purposeful influence on the system (mechanical, technological, biological, social), as a result of which its orderliness is achieved, development in accordance with the goals set.

signs controls:

The quality of an integral organized system is obligatory;

The presence of mandatory elements: the subject of management and the object of management;

A certain focus, achievement of the set goal (management result);

Serves the interests of the interaction of the main elements;

It is provided by a system of certain means.

Kinds management: mechanical, technological, biological, social.

1.2. Social management: concept, common features, types, elements

social management- type of management, the process of influencing society, social groups, individual individuals in order to streamline their activities, increase the level of organization of the social system.

Common features social management:

1) exists where there is a joint activity of people and their communities;

2) provides an orderly impact on participants joint activities;

4) is characterized by the presence of a subject and an object of management;

5) the subject of management is endowed with a certain power resource;

6) the object of control is a subject subject, whose conscious-volitional behavior must change in accordance with the instructions of the subject;

7) is implemented within a certain mechanism.

Kinds social management: public administration, local (municipal) self-government, public self-government.

Elements social management: the subject of management, the object of management, managerial links (direct links and feedbacks).

Subject management can be individual or collective.

There are such objects management as a person (individual), collectives (social groups), the state (society as a whole).

Direct connections - purposeful organizing influence of the subject of management on the managed object.

Feedback - a channel of information impact of the control object on the control subject in order to inform about the fulfillment of the management tasks assigned to it.

Management cycle - a set of interrelated, logically determined management stages, characterized by certain tasks, composition of participants.

Stages of the management process:

Analysis of the management situation;

Development and decision-making;

Organization and execution of the decision;

Monitoring the implementation of the decision;

Summing up, making adjustments.

1.3. Functions of social management: concept and types

Functions of social management - due to social purpose, the most typical, homogeneous, stable areas of managerial influence that meet its intended purpose and objectives.

signs functions of social management:

Due to the social purpose of management;

Characterized by a certain focus and stability;

They represent an external manifestation of the properties of the control system;

They represent the direction of its active action;

They are predetermined by the set goals and objectives.

Depending on the the content and nature of the impact the following control functions can be distinguished: general (inherent in all control systems); special (inherent in individual control systems, for example, the federal security service: counterintelligence activities, the fight against crime, intelligence activities); providing (create conditions for the implementation of general and special functions, for example, logistics, personnel, financial planning, etc.).

Depending on the directions of influence distinguish between internal and external functions.

Depending on the duration of action There are permanent and temporary functions.

General control functions:

Information support - collection, receipt, processing, analysis and storage of information necessary for the implementation of management activities;

Forecasting - foreseeing the prospects for the development of events or processes in the future;

Modeling - creating a sample (model) of certain managerial relations to anticipate the solution of managerial problems in the future;

Planning - determination of directions, rates, quantitative and qualitative indicators of the development of processes in the management system;

Organization - formation of a management system, establishment of its principles, subject composition, bringing to a state of readiness;

Coordination - coordination of joint activities of various subjects of managerial relations to achieve the goals and objectives of management;

Disposition - operational regulation of managerial relations, giving instructions to performers;

Regulation - the establishment of generally binding requirements and procedures for management objects;

Control - establishing compliance or deviation of the actual state of the control system from the specified parameters;

Accounting - fixing information, expressed in quantitative terms, about the results of the state of the management system.

1.4. Public administration: concept, principles, goals

Public administration- in a broad sense - the activities of all state bodies for the implementation of the assigned powers, in the narrow sense - the by-law, legally authoritative activities of the executive authorities of the Russian Federation and its subjects for the implementation of the assigned powers.

signs government controlled:

This is a type of state management activity;

The activity is legally authoritative, executive-administrative in nature;

Activities are carried out continuously, continuously and according to plan;

Activities are carried out on the basis of and in pursuance of laws (legislative activities);

It is characterized by the presence of vertical (hierarchical) and horizontal links;

It is carried out in various forms (legal and non-legal);

Provided through a system of guarantees;

Violation of managerial activity entails the onset of negative consequences (legal restrictions).

Target public administration - the expected results that the subject seeks in the implementation of managerial activities. There are the following management objectives:

1) socio-economic - streamlining public life and satisfying the public interest; achieving economic well-being, building and maintaining a certain system of economic relations;

2) political - participation in the management of all political forces in the country, the development of positive proposals and processes in society and the state that contribute to the improvement of state and public structures, human development;

3) security - ensuring the rights and freedoms of citizens, legality in society, public order and public safety, required level welfare;

4) organizational and legal - the formation of a legal system that contributes to the implementation of all the main functions of the state and the solution of all its tasks with the help of democratic institutions and mechanisms of the rule of law, as well as organizational and functional formations.

Principles public administration - fundamental ideas, guiding principles that underlie management activities and reveal its essence.

The principles are divided into general (social and legal) and organizational.

General (social and legal) principles:

Democracy - the people are the only source of power; he exercises power both directly and through executive authorities; control over the activities of executive authorities is carried out by legislative and judicial authorities, the prosecutor's office, as well as the population (public control);

Legitimacy - the activities of the executive authorities should be based on the exact and strict observance and implementation of the Constitution and laws, the compliance of the attached regulatory legal acts with acts of higher legal force;

Objectivity - in the implementation of management activities, it is necessary to adequately perceive the ongoing processes, establish existing patterns and take them into account when making decisions. management decisions and their implementation;

Scientific character - the use of scientific methods for collecting, analyzing and storing information, taking into account scientific developments in the course of making and implementing management decisions;

Concreteness - the implementation of management should be built taking into account specific life circumstances, i.e. in accordance with the real state of the management object and the resource of the management subject;

Separation of powers - the division of state power into legislative, executive and judicial with the assignment of specific functions to them in the prescribed manner;

Federalism - the activities of executive authorities are based on the normative consolidation of the delineation of competence and jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;

Efficiency - the achievement of the goals of management activities should be carried out with minimal cost forces, means and time.

Organizational principles:

Sectoral - the implementation of management activities, the organization of the management system is built taking into account the generality of the management object, which forms a certain industry (management of industry, transport, communications, agro-industrial complex, education, healthcare, etc.);

Territorial - the formation of a management system is based on a territorial basis (administrative-territorial division);

Linear - the type of organization of services and divisions that carry out executive and distributive activities, in which the head, within the limits of his competence, has all the rights of management in relation to his subordinates;

Functional - bodies and apparatuses of executive power carry out general subordinate management functions (finance, statistics, employment, etc.);

Dual subordination - a combination of the principles of centralized leadership, taking into account the territorial conditions and the state of the control object;

The combination of unity of command and collegiality - the most important issues relating to the fundamental aspects of management activities are taken collectively, and operational, current, not requiring collegial consideration, are resolved individually.

1.5. Executive power: concept and features

Government- the possibility and ability emanating from the state to exert a certain influence on the behavior of people with the help of certain means.

Shared by the following branches (kinds) state power: legislative; executive and judicial.

executive branch - a branch of state power, activities to manage the affairs of the state and society, carried out by a system of state bodies that are endowed with executive and administrative powers and controlled by legislative and judicial authorities.

signs executive power:

It is an independent branch of the unified state power;

Acts as subordinate to the representative (legislative) power;

It is carried out by executive authorities, which are government bodies;

Possesses subject-functional independence;

It has unity, i.e., it is carried out throughout the territory of the Russian Federation;

It is organized and carried out on the basis of federalism with the delimitation of the subjects of jurisdiction and powers between the Russian Federation and the subjects of the Federation;

Its activities are of an executive-administrative nature;

It has a universal character, i.e., it is carried out constantly and continuously;

Has at its disposal certain means (resources) for the implementation of coercive functions.

1.6. Goals, functions and levels of executive power

Goals executive power:

1) ensuring the security of the individual, society, state;

2) creation of conditions conducive to the well-being of the individual, society, state;

3) creation of conditions for the implementation by the subjects of social relations of their rights, freedoms, legitimate interests;

4) protection of a person from unlawful encroachments. Functions executive power:

1) executive (law enforcement) - enforcement of the Constitution, federal laws and laws of the constituent entities of the Russian Federation;

2) human rights - the function of observing and protecting the rights and freedoms of man and citizen;

3) socio-economic (providing) - creating conditions for the development of economic construction, socio-cultural and administrative-political management;

4) ensuring the rule of law and compliance with the constitutional order in the country;

5) regulatory - the implementation of leadership, control, coordination, planning, accounting, forecasting, etc.;

6) norm-setting - carrying out in accordance with the established procedure activities for the adoption of regulatory legal acts;

7) protective (jurisdictional) - application of measures of state (administrative) coercion to legal entities and individuals in the event that these persons violate the norms of the law.

There are two level executive power: federal executive power and executive power of subjects of the Russian Federation.

In order to organize the very system of these bodies and ensure the legal regimes of their work, i.e., to conduct positive management activities for solving state problems and implementing regulatory legal acts (taking actions to organize the activities of the executive bodies of state power themselves, improve the institution of public service, develop and adoption of normative legal acts);

external public administration is carried out by executive authorities in order to implement "external" (including sometimes coercive) powers, i.e. powers addressed to subjects of law (individuals and legal entities) that are not part of the state administration structure (for example, the implementation of activities for registration and licensing);

intra-organizational public administration - the implementation of executive and administrative functions by legislative (representative) authorities, courts, the prosecutor's office and other state bodies that are not traditionally related to the executive bodies of state power.

Public administration is regulated by public (administrative) law, while certain public administration issues are subject to private law (civil law) regulation. Therefore, one should distinguish between sovereign state administration and administration carried out in private law forms. These types of management are characterized by different legal forms. If public administration is carried out in the form of public law, then they talk about sovereign (public) administration, implemented by the state itself (its bodies, civil servants) or on its behalf; if management activity is established by private law, then here we are talking about private law management.

Sovereign administration is a “coercive” administration (law enforcement, attacking, “attacking”, restricting the rights of subjects of law, tough), i.e., applying measures of administrative coercion. In this case, control and supervision bodies and officials apply measures of an interim, preventive, preventive, punitive and restorative nature. Here, it is possible to temporarily restrict the exercise of the rights and freedoms of citizens, the right to dispose of objects of property of individuals and legal entities. Coercive control is carried out mainly by police and other regulatory bodies, whose tasks include ensuring public order, preventing offenses, and protecting society from dangers. The main principle of "coercive" management is legality.

In the domestic administrative and legal literature of the last decades, the problems of “private law” management are not touched upon. This type of management takes place in cases where the state itself does not act as a sovereign participant in legal relations. Therefore, it presupposes the equality of the state as a participant in private law relations, that is, it participates in the general competitive economic life, receives financial income, increases its fortune or sells it, while performing appropriate actions. The activities carried out in private law forms are aimed at achieving state-administrative goals and solving state-legal tasks through participation in economic life.

The private area of ​​public administration covers the material (economic) needs of management, that is, when the state acts as a private entrepreneur and concludes various agreements. These include, for example, sales contracts, which are intended to ensure the management of materials necessary for management activities (formation and provision of management personnel, purchase of materials, equipment, stationery, land plots for the construction administrative building), contract agreements with road construction companies, leasing agreements and contracts for service maintenance, employment contracts with employees and workers in the public service. The state participates in these agreements not only as a customer and consumer, but also as an entity wishing to receive economic (financial) profit as an independent entrepreneur on an equal footing with other entrepreneurs.

Management, in the process of implementation of which private legal means and mechanisms are used, can also be carried out as an economic activity of public authorities to ensure the “normal” existence of society (for example, state provision of electricity, gas, water, heat; organization by cities, towns and other administrative- territorial units for garbage collection, wastewater treatment, elimination of harmful substances, etc.). Such management, which can be called creative, "positive", is a necessary attribute of a modern welfare state. "Positive" management is the concern of the state for the normal existence of people; this is the management of education, and social construction (construction of housing on favorable terms for certain categories of the population), and management in the field of healthcare, the economy, transport, electricity, water supply, etc. This form of management organization is common in many countries, and it is allowed only in certain cases. Where there is no clear legal regulation by the state, positive management can be carried out by private enterprises.

Management from the point of view of its organization is basically the same in all areas, however, one should distinguish between general management and special (special) management. General management is intended for any type of management activity and is implemented by the same mechanisms, forms and methods, regardless of industries and areas of management activity. Special management extends to specific areas and areas - finance, construction, agriculture, mining, domestic and foreign affairs, etc.

Administrative law- one of the most important branches of the legal system of the Russian Federation, which is a set of legal norms that regulate social relations that arise in connection with the practical implementation of executive power, or, in a broader sense, in the process of implementing state management activities.

• is public law, designed to ensure the public interest by regulating relations related to the management of social processes;
• norms of administrative law ensure the interests of society, the state of citizens, etc.;
• forms the basis of legal regulation

Control- administrative actions aimed at the functioning of complexly organized systems, designed to ensure their safety, maintain the mode of operation.

Allocate the object, subject and content of management.

Control object- various systems and their components (people, phenomena, events, etc.).

The subjects of management are always people. Allocate two groups of control subjects:

1. sole proprietors;
2. collegiate (groups of people).

d) a special subject of management - authorities or other authorized person.

Control types:

• state;
• collective - regulation at the level of the team;
• family.

• is a public law, designed to ensure the public interest;
• norms of administrative law ensure the interests of society, the state, collectives, the rights and interests of citizens, etc.;
• forms the basis of legal regulation of various social relations.

Subject of administrative law- public relations, which are regulated by the norms of administrative law.

The subject of administrative law includes 3 areas of legal relations, namely:

1) managerial relations- are executive and administrative activities. Within the framework of these legal relations, the goals, tasks, functions, powers of the executive power are directly realized;

2) organizational legal relations- auxiliary. Organizational legal relations are implemented in the process of forming the composition of state bodies, the distribution of rights, duties and responsibilities between them in general when forming the management structure;

3) control legal relations- like any other type of activity, the implementation of public administration is controlled by specialized bodies. To some extent, control powers are typical for any state body, but for some bodies this function is the main one. The method of administrative and legal regulation is a set of means and methods of influencing managerial relations, the behavior of their participants.

There are the following methods of administrative law:

1) the method of power-subordination, according to which one participant in administrative legal relations is subordinate to another, and the other controls the first and has the right to give him instructions that are mandatory for execution;

3) the harmonization method is typical only for subjects that are not subordinate to each other, but at the same time they may be unequal, for example, harmonization of the work procedure between two state bodies, officials of different legal status;

4) the method of equality - in some sources it is called as a subspecies of the method of coordination, the peculiarity of which is that this method is applied only between equal persons;

5) method of permission - legal permission to perform certain actions under the conditions provided for by the legal norm or to refrain from doing them at one's own discretion;

6) method of prohibition - the imposition of a direct legal obligation not to perform certain actions under the conditions provided for by the legal norm. The impact of administrative law on social relations:

• regulates relations in all spheres of social relations - in the economy, administrative-political, socio-cultural, etc.;
• determines the system and structure of the bodies involved in public relations;
• establishes rules of conduct for citizens, officials, organizations and other subjects (rules in the field of trade, traffic, construction, etc.);
• for violation of the established rules, the norms of administrative law provide for liability, fix the procedure for bringing to responsibility, the procedure for appealing decisions, etc.

Functions and principles of administrative law

Function types:

• regulatory - is expressed in the creation by the norms of administrative law of a certain legal regime for organizing the activities of subjects;
• protective - ensures compliance with the established legal regime in the area under consideration and protection of the legal rights and interests of subjects;
• law enforcement - the main purpose is to ensure the norms of administrative law actions for the practical implementation of executive power;
• law-making - consists in empowering the subjects of executive power with the authority to adopt administrative and legal norms;
• organizational - proceeds from the need to regulate the norms of administrative law of activities aimed at organizing the entire process of law enforcement in the field of management;
• coordination - is expressed in the provision of effective and coordinated interaction of all subjects participating in the management process by the norms of administrative law.

Principles are the fundamental beginnings of any kind of activity.

• the principle of the priority of the individual, his rights, freedoms and interests - in the process of implementing the executive power, the rights and freedoms of man and citizen become real and guaranteed, their protection is ensured;
• the principle of separation of powers - the executive power is independent within the limits determined by the Constitution of the Russian Federation;
• the principle of federalism - based on the federal structure of the Russian Federation, according to which the administrative and administrative procedural legislation of the Russian Federation is classified as a subject joint management the Russian Federation and its subjects;
• the principle of legality - implies that all legal acts adopted on the territory of the Russian Federation must comply with the provisions of the Constitution of the Russian Federation;
• the principle of publicity - provides for the openness to the general public of the results achieved in the process of state-administrative activity;
• the principle of responsibility - means that an official is subject to administrative or disciplinary liability for violation of the requirements of generally binding administrative and legal norms, for the unlawful application of administrative law norms, for dishonest performance of his duties and other violations.

Sources of administrative law

2. The Constitution of the Russian Federation, as well as the constitutions and charters of the subjects of the Federation - contain norms that have a certain administrative and legal orientation, for example, norms that establish the foundations for the organization and functioning of the executive branch, etc.

Forms of sources of administrative law:

• rules - most often binding on both parties management process are approved, as a rule, by a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation;
• provisions - are divided into subject (group norms designed to regulate a certain group of relations, and organic);
• instructions, procedures, guidelines (recommendations);
• statutes - in this form a significant number of norms are grouped;
• codes - group the norms of the institution of administrative responsibility.

Systematization is the activity of streamlining and improving normative material by processing it and arranging it according to classification criteria selected in accordance with the tasks resolved by this activity.

The purpose of systematization is to streamline the accumulated legal and regulatory material with its subsequent analysis, as a result of which the interrelations of legislative acts are determined, contradictions, duplication, gaps and other shortcomings are identified; further, as a consequence, instead of several laws, a complex law is developed in a certain area.

Correlation of administrative law with other branches of law

Signs of norms of administrative law:

1) the subject of regulation of administrative norms coincides with the subject of administrative law;

2) a strict hierarchy, in the event of a conflict of one norm with another, the highest in legal force acts;

3) most of the norms of administrative law are imperative (binding) in nature;

4) the operation of administrative and legal norms is provided with special types of responsibility: administrative and disciplinary;

5) the administrative-legal norm has a specific structure: as a rule, it does not have a hypothesis or is not expressed. Disposition and sanction are often separated and can be enshrined in different parts of one law or placed in different legal acts.

The special part contains the rules governing social relations in specific sectors and areas of the country's economy (economic, socio-cultural, administrative and political).

The institutions of administrative law reflect the most important, general problems of administrative and legal regulation of public relations, allow a comprehensive approach to solving many issues related to the functioning of the entire system of executive power.

Types of institutions of administrative law:

• principles of public administration;
• administrative-legal status of citizens (individuals);
• administrative-legal status of executive authorities;
• state and municipal service;
• administrative-legal status of non-state (public associations);
• administrative-legal status of enterprises, institutions;
• forms of government;
• public administration methods;
• ensuring the rule of law in public administration;
• administrative-legal bases of management in the sphere of economy;
• administrative and legal foundations of management in the socio-cultural sphere;
• administrative-legal bases of management in the administrative-political sphere.

Administrative and legal norms: concept, types, features

The structure of the administrative-legal norm:

• hypothesis - indicates the conditions for the application of a particular rule of conduct, specific actual conditions for the application of a rule of law;
• disposition - the main part of the norm, which defines the very rule of behavior, prescriptive, prohibitive or permissive;
• sanction - is always enshrined in the rules providing for specific elements of administrative offenses.

Types of administrative and legal norms:

1) by subject:

a) material - norms that fix the rights, duties, responsibilities of subjects of administrative legal relations;
b) procedural - norms that determine the procedure for the implementation of rights, duties and responsibilities, enshrined in the norms of substantive law;

a) binding - prescribing to the subjects of administrative-legal relations without fail to perform certain active actions;
b) authorizing - norms that give the subjects of administrative-legal relations the right to perform any actions or refrain from them;
c) prohibiting - norms fixing the obligations of subjects of administrative-legal relations to refrain from certain actions;
d) recommendatory - norms in which the participants of administrative-legal relations are offered a certain model of behavior as a recommendation;
e) incentive - norms containing incentives for the most favorable actions on the part of the subjects of administrative-legal relations;

3) by legal force:

a) legislative;
b) subordinate;

4) by territorial effect:

• are public legal relations, which are based on public, public interest;
• are of an imperious nature, since in the process of the emergence, change and termination of these legal relations, state administration is implemented;
• are organizational, since public administration is associated with organizational settings, which is manifested in the organizational nature of administrative legal relations;
• in case of violation of administrative-legal relations, administrative responsibility arises as a way to protect them.

Administrative legal relations are distinguished by a special administrative-legal procedure for resolving disputes between participants in legal relations. The resolution of disputes arising in the course of the existence of an administrative legal relationship may be carried out within the framework of other administrative legal relations. Thus, administrative legal relations are resolved within the system itself.

Ways to protect administrative-legal relations (self-defense, administrative, judicial).

Types of administrative-legal relations:

1) by the nature of legal relations:

• material, based on the norms of substantive law;
• procedural, arising in connection with the practical implementation of substantive norms;

2) according to the type of relationship arising between the subjects:

• horizontal - arise when power structures interact with each other in conditions where there is no subordination;
• vertical - arise in cases where one side of the legal relationship is organizationally or otherwise subordinate to the other, or when the law provides for the mandatory acts of the managing entity;
• subordinate - based on the power of one of the subjects in relation to the other (subordination);
• coordination - power powers are used for effective joint activity of several managing subjects;
administrative legal relations;
• guarantee of compliance with the principle of legality .

Classification of legal facts:

1) by the nature of the consequences that have occurred:

• law-forming - legal facts that determine the emergence of legal relations (initiation of administrative proceedings, etc.);
• law-changing - legal facts that determine changes in legal relations, for example, transfer to another position;
• terminating - legal facts that determine the termination of legal relations, for example, dismissal from service;

• events - circumstances that do not depend on the will and consciousness of a person and arise on their own, for example, natural disasters;
• actions are circumstances that depend on the will of a person. Actions are divided into lawful (based on the requirements of the law) and illegal (commission of an administrative offense);

3) by the presence of facts necessary for the emergence, change and termination of legal relations:

• simple legal facts (recruitment);
• complex legal facts (legal offenses) - for the emergence, change or termination of administrative legal relations, several conditions must be present.

It should be noted that in a number of cases, the legal facts associated with the emergence (change or termination) of an administrative legal relationship also gives rise to the emergence of another legal relationship regulated by other branches of law (for example, entering the civil service is legal fact for the emergence of not only administrative, but also labor relations).

So, for example, a case on an administrative offense may be initiated by an official authorized to draw up protocols on administrative offenses, subject to the following conditions:

• if there is at least one of the reasons provided for by this article for this;
• sufficient data indicating the presence of an event of an administrative offense.

Reasons for initiating a case on an administrative offense are:

• direct detection by officials authorized to draw up protocols on administrative offenses of sufficient data indicating the presence of an event of an administrative offense;
• materials received from law enforcement agencies, as well as from other state bodies, local governments, from public associations, containing data indicating the presence of an event of an administrative offense;
• messages and statements of individuals and legal entities, as well as messages in the media containing data indicating the presence of an event of an administrative offense (with the exception of administrative offenses provided for in Part 2 of Article 5.27, Articles 14.12, 14.13 of the Code of Administrative Offenses of the Russian Federation).