ADMINISTRATIVE AND LEGAL STANDARDS AND RELATIONS IN THE MECHANISM...

ADMINISTRATIVE AND LEGAL STANDARDS AND RELATIONS IN THE MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION

The concept, features and types of administrative law

The mechanism of administrative and legal regulation of public relations in all four areas constituting the subject of administrative law (the implementation of executive power - public administration, intra-organizational activities, national control activities and administrative- judicial activity of the state), includes the following elements: administrative and legal norms; administrative and legal relations and protection of administrative law relations in cases of deviant behavior of subjects of administrative legal relations, the legal consciousness of which is deformed due to various reasons and circumstances, is distorted or completely absent.

Like any rule of law, the administrative law is an established or state-sanctioned rule of conduct that extends to an indefinitely wide range of actors and is designed for multiple uses. The commonality of administrative and legal norms with the norms of other branches of law is due to the fact that administrative law is one of the fundamental basic branches of United States law, and the norms that make it naturally correspond to all general theoretical characteristics and criteria from the point of view of their socio-political essence, role and public destination. But along with the generality, there are certain features of administrative-legal norms in comparison with the norms of other branches of law.

The main feature is in their own regulatory subject , in those social relations that are governed by the rules of administrative law, as discussed above.

The peculiarity is also imperative ( imperative ) the nature of administrative law, in contrast to, say, civil law norms that reflect and consolidate the equality and autonomy of the will of participants in regulated relations. The imperative nature of administrative law is by no means always connected with the exercise of state power by a subject of executive power. The imperative (imperative) nature of administrative and legal norms often consists in granting citizens the right to demand from the state power structures the proper manner of behavior and behavior in the interests of the citizen.

There are features and in the structure of administrative law. They, like all other legal norms, always have a hypothesis and disposition, but often do not contain this rule sanctions as consequences of its non-compliance. Of course, there are sanctions for all administrative and legal norms (the sanction is an obligatory element of the structure of any legal norm, without the sanction the legal norm does not exist), but they are as if made out of the scope of the norm and are stipulated in other administrative legal acts, for example, in legislation on disciplinary liability, administrative liability, etc.

By to its nature and content administrative law can be binding, prohibitive, empowering and rewarding. The majority of administrative legal norms are, directly prescribing the obligated subjects to constantly and regularly perform certain positive organizational actions (norms on the competence of state bodies and their employees, rules on the procedure for the formation of bodies, order of work with citizens' appeals, etc.).

Many in administrative law and prohibiting norms , which establish unacceptable actions (norms that establish the composition of administrative violations, the rules of the permitting system, etc.).

To authorizing legal and administrative norms are the rules giving certain rights and powers to bodies, officials and citizens who they can use at will and discretion, and can and to refuse to implement them (the norms providing for the possibility to implement certain administrative actions at the discretion of the entity, setting limits of authority, norms on the right of citizens to complaints and applications, etc.). A special kind of empowering norms can be considered and incentive norms empowering relevant actors to apply various incentive measures.

General for the totality of the administrative and legal rules of their features are great in comparison with the norms of other branches of the number of rights, as well as the large number and diversity of their grouping, systematization and codification.

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