Administrative law. The concept of the branch of administrative law, its sources (the most important)

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Administrative law. The concept of the branch of administrative law, its sources (the most important)

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10. THE CONCEPT OF THE BRANCH OF ADMINISTRATIVE LAW, ITS SOURCES

Administrative law is one of the main public branches of law and is intended primarily to regulate managerial relations in the field of activity of executive authorities (hereinafter referred to as state and local self-government).

Administrative and legal norms they also regulate managerial relations in the course of activities of other forms of exercising state power (legislative, judicial), their service apparatuses, in the field of activity of the institution of the presidency and its service structures, as well as in the offices of the prosecutor's office, state control, military administration, the apparatus of the CEC of the Russian Federation, the Accounts Chamber and other state bodies, as well as managerial relations arising in the field of non-state administration, for example. in connection with the implementation by public associations of certain functions of state administration (DND, comrades' courts, commissions for minors and the protection of their rights, etc.).

Administrative law as a conceptual category means, first of all, public administration law as a public sector, since the object of regulation of its norms and rules are managerial relations that arise between powerful and subject subjects of law.

The initiating party in administrative-legal relations, as a rule, is the subject of management, which has state-imperious powers in relation to the subject of management, which has powers, i.e. the right to demand observance, execution and protection of their rights, freedoms and legitimate interests.

Administrative law as a branch of law - this is a set of norms, rules of conduct established or sanctioned by the state, its authorized authorities, officials, provided with measures of state coercion, in order to regulate managerial relations arising in the field of activity of executive authorities, state administration, as well as in the activities of other state bodies authorities and their apparatuses, in the activities of non-governmental organizations legally authorized to exercise managerial functions.

Sources of administrative law - various forms of their legislative expression. The norms of administrative law are contained in normative legal acts of various meanings and nature. Administrative and legal norms may be contained in the normative acts of other branches of law.

The sources of administrative law include:

1) the Constitution of the Russian Federation and the constitutions of the republics within Russia, the charters of other constituent entities of the Russian Federation, the FKZ, the Federal Law and the laws of the constituent entities of the Russian Federation;

2) resolutions of the chambers of the Federal Assembly, representative authorities of the constituent entities of the Russian Federation;

3) decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, similar acts at the level of subjects of the Russian Federation;

4) legal acts of authorized executive bodies at the federal level and the level of subjects of the Russian Federation;

5) decisions of administrations of local self-government bodies.

Author: Chetverikov V.S.

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