Administrative Law System
The system of administrative law of the Russian Federation reflectsstructure of the industry, a set of interdependent, interrelated legal norms and institutions. In general, the discipline is a large conglomerate of norms fragmented into a large number of acts.
Subject, method and system of administrative law
Science distributes normative acts on certain groups. Each of these groups forms an institution. Thus, a system of administrative law is being created.
Today, the discipline in question recognizes two structures: sectoral and institutional.
Institutional system of administrative lawis the transfer of the civil law scheme into the sphere of administrative norms. As its advantages, one should mention the possibility of distributing a significant part of the norms around the main subjects-participants in public-management interaction. Subjects in this case are public associations, citizens, executive bodies.
Institutes that are formed within the framework ofstructure, cover the provisions of administrative law used in the regulation of public relations of a homogeneous nature that arise in most areas of public administration.
The industry structure combines normsexclusively in accordance with the sectoral aspects of public administration. This system of administrative law contributes to the formation of certain legal institutions. Among them, it is necessary to note the institutions for managing the economic sphere (industrial, agro-industrial, transport-road, credit, financial and other complexes). In addition, the branch is allocated for the management of socio-cultural (education, culture, science, social development, labor, health), administrative-political (defense, foreign and domestic affairs, justice, security) area.
The system of administrative law within the framework ofspecified legal institutes regulates branch relations of administrative character, features of each certain branch. In connection with this, the so-called special part of the considered discipline is formed.
The subject of administrative law should be consideredsocial relations taking place in the field of public administration, as well as interactions that are formed in other spheres of social life. There are certain types of managerial relations, regulated by the norms of the discipline in question. These species are classified according to various signs. So, there is a group formed according to the subject characteristic. This group includes the relationship between:
- subordinated subjects of state administration (relations of a vertical nature);
- executive bodies that are not in a state of subordination (horizontal interactions);
- state and local executive bodies, citizens, civil servants, other entities.
There are also groups of interactions formed in accordance with the state-territorial arrangement or direction of action.
The method of administrative law is the complexprohibiting, prescriptive and permissive methods of influencing relations of an administrative nature. Means of prescription, permission and prohibition are used in a certain ratio. The method of administrative law is characterized by dynamism, which is associated with the nature of managerial interactions. This set of measures is characterized by legal means related to the administrative type.