Subjects and objects of administrative law have always served as objects of regulatory regulation. One way or another, this is due to their nature. What means of regulation are known today? What is the subject of administrative law? Why? You can get answers to these and other equally important questions in the process of getting acquainted with the materials of the article.
The concept of administrative law, subjects and objects
Modern administrative law is one of the most complex, large-scale branches of the law of the Russian Federation, which is basic. Why? The fact is that in this case, practically all subjects and objects of administrative lawas well as their interests. The legal branch under consideration is objectively related to management processes as a social phenomenon. That is why the term, endowed with Latin origin (administration is primarily management), today is considered a universal tool for forming the appropriate characteristics of a particular type of activity. What is the subject of administrative law? The legal industry is engaged in just this, which regulates the relations that arise in the process of this activity and are considered directly an object.
The creation of legal state foundations in the Russian Federation speaks of the formation of such a system of law that would bother to refute its own "I", despite actual internal contradictions. So, public administration as an object of administrative law It is an excellent example of the application of the principle of systematic law in general. A similar approach directly to the legal structure correlates with a clear definition of the functional in relation to various legal sectors.
The relationship of concepts and functions
Administrative law can be understood as one of the branches of the Russian legal system that regulates subject of administrative law, namely, relations in society arising from the organization and subsequent functioning of the system of executive state power in terms of absolutely all state-national and territorial levels of the Russian Federation.
In addition, administrative law can be interpreted as a significant branch of the legal system of the Russian Federation, which is a set of norms. One way or another, they are designed to regulate the relationships that arise in society. By the way, they are - subject of administrative law. As a rule, this kind of relationship arises from the exercise of executive power in a practical aspect. In other words, they take place directly in the process of regulation of public administration.
The concepts of "administration" and "administer" are endowed, as noted above, with Latin origin. Thus, their Russian translation speaks of "leadership" and "management." An administrator can be interpreted as a manager. By the way, recently, a modern business lexicon involves the use of a good alternative - such a thing as a “manager”.
Structure of science itself
Concept and subject, object of administrative law depend primarily on the role in which it plays in relation to public life.Thus, administrative law serves as a branch of law, a branch of legal science and one of the academic disciplines.
It is customary to understand it as an organized set of legal norms that deal with the definition of subjective behavior in the field of police operations or government. It is important to add that the subjects are citizens, executive bodies, public associations, and so on. So, objects of administrative legal protection of the rights of citizens also regulated through administrative law. If the legal branch under consideration, as a set of norms of a legal nature, prescribes behavior that somehow corresponds to the situation, then administrative and legal science is engaged in the study of legal norms, their classification and systematization, integration into legal institutions and, of course, representation in a specific system.
Object, subject of administrative law
As noted above, administrative law should be understood as an independent branch of the system of law of the Russian Federation, which differs from others. These discrepancies primarily lie in the subject and methodology of regulation. The object of administrative law is public relations., the main difference of which is that they are formed, developed and break off directly in the field of state process management. In other words, this type of relationship exists because of the organization and subsequent functioning of the executive branch as an organized system.
It should be added that administrative law is far from the only legal branch covering social relations in the field of development of the executive branch as a special system. Nevertheless, it is its standards that enjoy absolute authority in this case. What are types of objects of administrative law known today? What kind of relationships do not cease to exist? The answer to such an interesting question can be found in the next chapter.
Species diversity of administrative law objects
To date, the following are known. management objects in administrative law:
- Relations, the occurrence of which is directly related to the formation and functioning of management processes carried out in the state. So, administrative law fully serves the area of municipal and state administration.
- An organized set of relations in society (as an object of administrative law) that arise, change and cease in the course of the implementation of government. In addition, it is a practical aspect. It is important to add that this kind of interaction must be settled through appropriate standards.
Social relations like general subject of administrative law endowed with a complex, integrated nature. So, they are characterized by some features that are discussed in detail in the next section.
Features of administrative law objects
As it turned out, subject of administrative law can make up various kinds of relationships having a number of features. Namely:
- The public-law nature of relations and their occurrence, associated primarily with the practical implementation by the executive state bodies of their own powers. It is important to add that it is the state that determines the scope of its intervention in terms of public life. So, from one point of view, these restrictions are due to the need to ensure the realization of the interests of society; on the other, an inevitable obligation to organize the autonomy of each individual in civil society.
- Through administrative law, relations of a public nature are regulated in a special area of the state’s life - the administrative area. In addition, public administration is an organized activity on the part of executive authorities. It is important to add that it is endowed with a diverse character and is organized in terms of different spheres of life: administrative-political, economic, social, cultural and so on. By the way, the local government system is also included in this channel.
additional characteristics
In addition to the above features of public relations regulated by administrative law, it is important to recall the following characteristics:
- Through administrative law, the regulation of relations of a managerial nature is carried out. As a rule, their occurrence is directly related to the activities of the executive authorities, nevertheless, these relations are endowed with executive and administrative characteristics. A vivid example of this is the certain activity on the part of the Chairman of the State Duma, which relates primarily to the organization of the working process of its commissions and committees. Or judicial activity, where it takes place administrative offense. Then the distribution of cases to be considered directly between the judges is relevant. By the way, this kind of relationship in the traditional aspect is called intra-organizational.
- Most administrative law deals with the regulation of relations, where at the initial stages equality of participants in the legal plan is excluded. So, these interactions are imperious. One participant in legal relations is, in one way or another, a mandatory entity that has some powers of a state-power nature. The only exception is the interaction of an administrative-contractual nature, however, the proportion of such in the total set of relations related to management is very small.
- Administrative law regulates public relations together with the norms of other branches of the law of the Russian Federation. A vivid example of this is the interaction with the norms of labor law in the process of regulating issues regarding public service of a certain rank.
What is the result?
It is important to note that the final division of the legal system into some isolated elements is impossible today, despite the fact that the object of legal regulation is the main criterion for classifying the right to individual sectors. Along with the object, an important role is played by the method of legal regulation, which serves as the basis for the classification of law by industry.
By the way, this technique is expressed through the establishment of rights of a subjective nature, as well as relevant legal obligations; in the degree of their certainty and concretization; in tools and methods of organizing subjective rights and related legal duties in the field of public administration. In addition, it allows you to determine the specific mechanism of action of the norms of administrative-legal nature directly on relations of a managerial type.
Unity of Administrative Law
As it turned out, all the elements described above are closely interconnected. That is why the organized system of knowledge that is accumulated by legal administrative science is primarily distinguished by the ultimate level of unity.In the process of designating the parts - elements of the object of this science - it is necessary to highlight the primacy of the categories of administrative and legal regulation, which is of a cognitive nature, and, of course, the secondary nature of the current administrative law.
Norms of an administrative-legal orientation form the basis of administrative science that is relevant today, but nevertheless, these norms acquire real meaning due to their own growth relative to the general categories on which they first hold, and then disappear. It is impossible to fully understand and all the more impossible to try to interpret the standards of an administrative-legal nature without resorting to the help of key management categories. That is why administrative law science in one way or another must ensure the development of an apparatus of categories of administrative law type in order to study the current legal norms based on this scientific capital, which is of a permanent nature.
The ratio of the object and subject of science
The most important issue regarding the theory of administrative law is also the ratio of the subject and object of the corresponding science. It is important to note that in the literature of a philosophical and legal nature, the authors use both terms subject to the same content, which is very interesting. Thus, Gabriel Feliksovich Shershenevich, a well-known Russian lawyer, and Yuri Petrovich Kozlov, professor, in 1912 and 1967 respectively defined the object and subject of science as synonymous values. Naturally, even with this point of view it is easy to agree if you close your eyes to some nuances.
The object of administrative law science is absolutely the entire scope of the relevant activity. So, the study of the object of science speaks of referring to a great many sources, among which are administrative and legal monuments, in-depth knowledge regarding the relevant categories and relevant standards, knowledge about administrative processes in the state, the activities of the police, state control and so on. In other words, absolutely any knowledge, even bibliographic, which is directly related to the study of administrative law of foreign states and depicts this branch of law through works of fiction (A. Pisemsky, “A Thousand Souls”), forms the object of administrative law science.
In contrast to the object of administrative and legal knowledge, the subject in no way can fully reproduce the above aspects or even some of them. Why so? The only thing is that the numerous sides and characteristics inherent in the object are not endowed with materiality and relevance in modern times (it must be added that some of them are simply unknown). The subject of administrative law science, by the way, is shown not in direct projection to the observed reality, but in the course of its activities of a cognitive nature, revealing the inner essence, being divided into the most weighty arguments in the structural sense. So, generalized and meaningful information is recorded through certain categories (concepts) of an administrative-legal nature. It is through them that initially provides a definition of the subject of the science in question. Thus, in comparison with the object, the subject of administrative law as scientific knowledge is an extremely distinct, strict and fundamental concept.
It is important to add that administrative law is determined by many sources, the total number of which is unknown. That is why today the problem of codification and systematization is acute. Modern administrative law is considered one of the unsystematized areas of the Russian legal system in general terms.So, this issue needs to be resolved as soon as possible by all possible methods today (and there are many of them).
Thus, we found that subject of administrative law make up various kinds of relations having a public law nature and related to the practical exercise of powers by executive state bodies. These relations can affect different spheres of life: administrative-political, economic, social, cultural and so on.