Administrative law - it is an important branch of modern system of law.The value of the phenomenon of legal reality is expressed not only and not so much in the regulation of minor offenses, as in the successful administration of public institutions.To understand the essence of it can be, having studied the concept and the subject of administrative law, as well as its methods.
Understanding the concept and subject
concept of "administrative law" appears, as in any industry legislation and jurisprudential science in two ways.The first views this definition as a set of regulations aimed at the normalization of relations in the management of state affairs.Other value reveals that the concept of administrative law should be considered as a special legal science, the general purpose of which is the study of the rules of the relevant section of law.Who is right?The answer to this question can be given only subject.
Thus, the subject of the study included the following industries:
1. public relations, aimed at efficient management of state affairs;
2. relations developing on the formation and / or the functioning of the executive branch;
3. issues related to the prevention and suppression of crime, bearing grievous in nature (for example, misconduct);
4. relations in the field of administrative process as part of judicial activity;
5. issues developing in the sphere of the legal status of public servants;
6. relations in the sphere of forms, methods and techniques of public relations.
7. participate in the process of developing standards, wearing legitimacy in the field of administrative law
As can be seen from this list, the subject of this branch of law requires not only a practical approach.These relationships require and research.And so the concept of administrative law is required to be given in two ways outlined above.
In addition, the definition of this branch of law is largely influenced by the methods by which it operates.Consequently, the concept and the subject of administrative law should be determined only after review.
General characteristic of methods
Being part of public law, to study the industry is primarily based on the imperative method, it is the method of prescriptions.Its essence lies in the fact that a large part of the relationship is based on respect of subordination.An example in this case can serve as the relationship between the Prime Minister and ministers and clear sanctions of administrative responsibility.
second method, which may be included in the concept of "administrative law" is the method of choice, it is dispositive.Its essence lies in the fact that the entities are invited to several behaviors.In this case, it is clearly demonstrated in the institute of administrative contracts.
third method performs the permission.In fact, subjects are given the choice of several possible behaviors.However, to avoid the choice altogether impossible.An example is the alternative sanction of administrative process.
fourth, and last, the method performs the ban.He also expressed most clearly in the rules governing the administrative responsibility of the offensive.
All four methods have clearly demonstrated that the concept of administrative law, only those rules that are aimed at the functioning of the executive branch.Moreover, this statement should not be interpreted solely as an authoritarian impact on social relations.With the ban can be prevented dangerous actions imperative same method establishes clear lines of legal persons and their associations, permission lets you choose a lighter penalty in the case where this is possible.
Consequently, the concept of administrative law can be defined as follows: it is a special sector and discipline, the general purpose of which appears to establish such a management regime that would be using the main methods of law to ensure the effective management of public affairs and public life.
