The system of regulators of social relations has developed throughout human history. Because people are purely social beings who cannot live outside their environment. The relations arising in it have their own specifics and characteristic features, which determines the need for a special regulator. The very first ways to influence social relations were once violence and religion. But both categories presented did not bring the desired effect in the implementation process. After all, violence acts only in the hands of a strong and powerful leader, and religion extends exclusively to believers.
Thus, over time, law was invented. Today it regulates almost all existing spheres of human life. However, in this article we would like to reveal the essence of the legal regulation of the managerial process. Because this area of human activity plays a significant role in the process of its direct development.
History of Administrative Law
The concept and functions of administrative law can only be viewed through the prism of the history of the development of this industry. Because unlike other legal areas of regulation, administrative did not appear immediately. For a long time, almost no one recognized her. In fact, the regulation did not need a legal framework, because people blindly obeyed the dictates of power. However, with the development of democratic trends in Europe, a theoretical understanding of power as an object and its characteristic features begins. In addition to this, the sphere of protective legal relations was of great importance, which in the process of direct implementation went beyond what was permitted, thereby violating the rights and freedoms of people.
The emergence of administrative law in Russia
As for the Russian Federation, in the vastness of this country, the managerial industry was born a long time ago, back in the days of the Russian Empire. However, its provisions were distributed between different legal sectors. Thus, there was a whole group of different legal areas of regulation, namely: educational, customs, medical, etc. Nevertheless, many scholars believe that the main "ancestor" of administrative law is the police. Indeed, it is in it that the methods of power influence on the corresponding social relations are most fully used. The gradual development of legal science has led to the development of functions, norms of administrative law and other elements of the industry. Thus, already in the USSR there were no different areas of legal regulation. There was one and only branch - administrative.
The concept of administrative law
The functions of administrative law are directly related to the concept of this industry and its subject. But we will consider in order. For a long time, scientists could not come to a consensus on what constitutes administrative law. However, over time, it was found out that this industry is a structured set of legal norms that govern social relations in the field of managerial activities. In addition, an important element is the subjective composition of the industry, which, as a rule, is made up of the state and officials of official bodies.
Branch science
Administrative law exists not only in the form of a regulatory industry, but also has its own science.Thanks to the activities of scientists, this area of legal regulation is developing and expanding the range of its subject relationships. In addition to this, many functions and principles of administrative law appear precisely in the scientific environment, and only then are directly implemented in the practical industry. As for the large number of different ideas, theories and concepts that accumulate in science, they find their application in the educational literature. It, in turn, is used to train professional legal practitioners.
Subject of regulation
Administrative legal regulation applies to specific social relations that make up the subject of this industry. However, they are not homogeneous among themselves, which necessitates their classification, for a better organization of the regulatory process. To date, scientists identify three main features, according to which the subject relationship is divided into separate groups.
- If we consider all social relations on the basis of their legal nature, then they are divided into material and procedural. The first group, as a rule, secures specific rights and obligations. Procedural relations, in turn, regulate dynamic phenomena in administrative law.
- A significant classification feature is the ratio of the rights and powers of the parties in legal relations. According to this factor, they are all divided into equal and diverse. The latter kind implies a situation of submission, when one subject is endowed with the obligation to obey another. An example of this is the interaction of a particular citizen and public authorities or their representatives. Equal relations, in turn, arise in most cases between public authorities.
- According to the nature of various legal factors, the subject is divided into legal relations of a legal and negative, that is, illegal character.
Administrative Law Functions
There are many scientific disputes about the characteristics of specific areas of the industry. All these areas, in fact, are nothing but public administration functions. Administrative law has a fairly large circle of influence on completely different spheres of human life. Their existence is due to the specifics of the subject and regulatory methods. To date, the following functions of administrative law are distinguished:
- The legal direction indicates that administrative law is a form of implementation of the executive branch of government in the state.
- The law-making function shows the ability of the subjects of the sphere of regulation presented in the article to carry out rule-making for the operational solution of certain situations.
- As for the organizational function, it is thanks to it that the administrative law is orderly, and its norms are in a strict hierarchy among themselves.
- A coordination function exists to ensure a reasonable and effective interaction of all elements of a given industry among themselves.
- Association and management of people performs a social function. Administrative law in this case plays the role of a “universal psychologist”, which society regulates in order to reign in law and order. This function largely determines the close interaction of administrative and criminal law. However, this is no longer the topic of this article.
- The law enforcement function directly ensures that the population of the state adheres to specific norms and rules.
It should be noted that the methods and functions of administrative law are concepts that are closely related. Moreover, the first category determines the existence of the second, which will be discussed later.Because it is due to the methods that management functions are implemented in practice. Administrative law in this case is only an isolating "box" of all represented institutions.
Legal Methods
For the direct implementation of its provisions, administrative law uses a number of methods that have no analogues in other legal sectors. This fact is due primarily to the specifics of the subject. If we analyze the industry from the point of view of general legal indicators, then in it you can see the prevalence imperative method regulation. It, in turn, implies the existence of precepts of an authoritative nature. Given the legal characteristics of the relations of the subject of the industry, which are built, as a rule, on the principle of subordination of the parties, their organization without the imperative command of the state is simply impossible.
Industry Sources and Principles
Administrative law is manifested through official documents, namely regulations. During the existence of the industry, a whole system of sources was developed, which consist of the following acts, namely:
- Constitution of the Russian Federation.
- Norms and principles of international law legalized in the Russian Federation.
- Laws and codes.
In turn, all the sources presented to one degree or another contain various principles of this industry. Are similar principles of legality, democracy, justice and humanism.
Conclusion
So, in the article we examined the functions of administrative law, as well as the concept and methods of the industry. In conclusion, it should be noted that the role of this sphere of regulation is simply invaluable given the development of managerial relations today. Therefore, the constant development of theoretical principles and practical mechanisms of administrative law is required.
