Administration (state, administrative) law - one of the basic branches of government.Therefore its operation should be based on clearly defined, appropriate standards of legitimacy rules, the name of which "the principles of administrative law."In this regard, it is important to know exactly what is meant by a basic beginning of the administrative law, and what functions it is intended to carry out.
principles and functions of administrative law .
very concept of law implies a function of a certain sphere of relations that it regulates.The administrative law scholars have identified the following four types:
1. enforcement - administrative rights is essentially a "conductor" of ideas and decisions of the legislature.This feature provides the industry's actors authority to the introduction of new standards and / or legislative changes in everyday legal and social practice;
2. title - for the first function of the subjects of this right are obliged to enact and enforce appropriate laws;
3. managerial (aka organizational) - aimed at creating a certain horizontal and vertical of state power.For example, the subjects of state law determines what should be a ministry or local government.By the way, here it can be attributed, and a coordinating function, which some jurists distinguish as an independent.It consists in providing interaction among public authorities;
4. law enforcement - to ensure the rule of law by violations.This feature more fully disclosed in the so-called"Administrative process".
to carry out the functions of state law, jurisprudence has developed, and subsequently secured the legislative body, a set of rules, called "principles of administrative law."Theoretically, they are divided into two categories: common law and specialized.For group I rightly belong, "separation of powers", the principle of legality, "transparency" (aka publicity), as well as equality of all before the law and the other, enshrined in the Constitution of the state.
Specialized principles of administrative law include the following:
1. principle of responsibility - in this case it is not only children of responsibility for administrative offenses, but also the strict adherence to the norms of officials of state law and the inevitable punishment for his willful failure to perform;
2. the principle of unity of administrative regulation - means that the state law, which is based on a mandatory method of control is to implement a single legitimate approach to the regulation of social and state relations
Thus, it can be concluded that the principles and functions of administrative lawaddress issues of functioning of the state and ensure the legitimacy of actions taken.In the case when they are ignored, come into effect the provisions of the Administrative Procedure, which has its own specific steps the basics.
principles of administrative process .
Drawing an analogy with the principles of the material of the area of law under consideration, the process has its basic rules, which are divided into two categories: obscheprotsessualnye and specific.
obscheprotsessualnym It should include the following - the right to protection and equality before the law, fairness, a presumption of innocence, proportionality and transparency.But the specific principles of administrative proceedings contain special rules, characteristic only of state law:
1. legality and validity - a process initiated only on the basis of norms of state law;
2. sovereignty - based on the principle of separation of powers and states that for this type of process does not have the right to influence the representatives of other branches of government;
3. ensure the public interest - in this case, society and its interests take precedence over the individual.Principle controversial;
4. efficiency and cost-effectiveness - due to the fact that the administrative offenses cause less harm to society as a whole, rather than criminal, before them happening in the "simplified procedure".But at the same principles of justice enshrined in the main law of the country should be considered a priority.
In summary, it can be said that the principles of administrative law - a special category of the basic rules of conduct that incorporate both national values and specific principles of operation of state administrative bodies.
