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Administrative law. Administrative legal norms: concept and structure (most important)

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17. ADMINISTRATIVE LEGAL RULES: CONCEPT AND STRUCTURE

Of particular importance in the functioning of the system of the mechanism of administrative and legal regulation are legal actsThat include includes the concept of normative and individual acts.

System of administrative normative legal acts - an interconnected and interdependent set of norms and rules, expressed in the form of administrative norms, provided with measures of persuasion and state coercion.

Features of the system of administrative normative legal acts consist in the fact that they are in a subordinate relationship with each other, the type of connection is determined by the legal force of these acts.

Administrative law norm, like a norm of another branch of law, is a general rule, a specific measure of possible, proper or mandatory behavior of participants in management relations, established or sanctioned by the state, guaranteeing their implementation by special measures of state incentives or coercion.

Features of administrative law is that they are the regulator of managerial relations that develop in the field of activity of executive authorities, public administration. Norms of administrative law may provide not only legal liability, but also encouragement for the exemplary performance of their official duties.

Administrative legal norms contribute to solving the following main tasks:

1) streamlining managerial relations and regulation of functions in the system of executive authorities, public administration;

2) regulation of communications and relations of various branches and spheres of branch and intersectoral management, coordination and interaction of state authorities and their service apparatuses with legal entities and individuals;

3) consolidation of scientifically grounded and rational relations between the subjects and objects of management activity with the aim of their optimization and sustainable dynamic development;

4) stimulation, prohibitive measures, determination of the degree and procedure for the application of measures of administrative coercion, including the application of types of punishment for administrative offenses or exemption from punishment.

The structure of the norm of administrative law - the method and form of the relationship of its elements. These elements are hypothesis, disposition and sanction. At the same time, encouragement is also inherent in the norms of administrative law.

Hypothesis of the administrative-legal norm - managerial relations, which it is called upon to influence under certain conditions.

Disposition - the rule of conduct of the parties prescribed by the norm. The disposition always implies a close relationship between the rights and obligations of subjects of law.

Sanction always contains an indication of the administrative punishment (or other coercive measures) applied to the offender.

Promotion - public recognition of the merits of a person in the performance of his legal duties and public duty, formulated in the disposition of an administrative legal norm.

Author: Chetverikov V.S.

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