Sources of Administrative Law

The system and sources of administrative law reflect a complex of interdependent and interrelated administrative and legal rules and norms. They form a special information and legal unity, which is designed to provide legal regulation of managerial relations related to the activities of state administration bodies, the executive branch, as well as relations related to management activities that are implemented by other state authorities and their staff and other entities authorized by law.

The system of the above industry includes two subsystems - special and general. They, in turn, are divided into smaller subsystems.

The general part includes:

  1. Executive bodies, government bodies.
  2. Administrative law in the form of legal, scientific branch, as well as academic discipline.
  3. Methods and forms of implementation of public administration, activities of executive bodies.
  4. Administrative jurisdiction.
  5. Offense and liability.
  6. Legal entities.
  7. Administrative process and types of production.
  8. Discipline and legality in the implementation of public administration and executive bodies.

The special part includes administrative regulation:

  • in the administrative and political sphere ;
  • in the socio-cultural industry;
  • in the field of economic relations;
  • in other industries.

The main formative element that ensures the integrity of regulation is considered the managerial nature of the relationships that are formed in these areas of activity of state bodies.

Sources of administrative law - these are acts, legal, normative, formed in government and state authorities. Their legal properties may vary. So, acts can be endowed with the highest legal property (laws) or be subordinate (management acts, for example).

The sources of administrative law of the Russian Federation are decrees, laws, administrative acts, government decrees and others. Among them, laws, possessing the highest legal property, provide for the regulation of the most significant and general managerial and other legal relations. The adoption of laws is carried out by the legislative bodies of the state and its subjects.

Sources of administrative law with the highest legal property in Russia are: the country's Constitution, federal laws (on a state of emergency, for example), federal laws of a constitutional nature (on the Government of Russia, for example), laws, including the main ones, of subjects in the Russian Federation and others.

Decrees issued by the Russian President also provide for the regulation of important issues in the organization of public administration.

Issues of law enforcement, local government and other issues govern decisions issued by representative local authorities.

Management acts, as sources of administrative law, are adopted by the highest bodies (Government), municipal, central (departments and ministries), as well as governing bodies in the constituent entities of the Russian Federation. Management acts may be adopted only in connection with the regulation of management issues, extending to institutions and enterprises entrusted to the body, without affecting the duties and rights of citizens. From this position, the main regulatory legal acts include codes, charters, rules, regulations, acts that are not endowed with the named forms.

Charters, as sources of administrative law, are established and operate in various areas of government. According to the legislation, such acts are required to be present at enterprises and educational institutions. The charter is a document fixing the structure of the organization and the competence of the bodies included in it.


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