The system of administrative law of the Russian Federation reflects the structure of the industry, a set of interdependent, interrelated legal norms and institutions. In general, discipline is a large conglomerate of norms, fragmented into a large number of acts.
The subject, method and system of administrative law
Science distributes normative acts into certain groups. Each of these groups forms an institution. Thus, a system of administrative law is created.
Today, the discipline in question recognizes two structures: sectoral and institutional.
The institutional system of administrative law is the transfer of the civil law scheme into the sphere of administrative norms. Its advantages should include the possibility of distributing a significant part of the norms around the main subjects-participants of state-administrative interaction. The subjects in this case are public associations, citizens, and executive bodies.
Institutions that are formed within the framework of the structure cover the provisions of administrative law used in the regulation of public relations of a homogeneous nature that arise in most areas of government.
The sectoral structure combines norms exclusively in accordance with the sectoral aspects of public administration. This system of administrative law contributes to the formation of certain legal institutions. Among them, it is necessary to note the institutes for managing the sphere of the economy (industrial, agricultural, transport and road, credit, financial and other complexes). In addition, they single out the sector for managing the socio-cultural (education, culture, science, social development, labor, healthcare), administrative and political (defense, foreign and domestic affairs, justice, security) area.
The administrative law system within the framework of these legal institutions regulates sectoral relations of a managerial nature, the characteristics of each particular industry. In this regard, the so-called special part of the discipline is being formed.
The subject of administrative law should be considered public relations that take place in the field of public administration, as well as interactions that are formed in other areas of public life. There are certain types of managerial relations regulated by the norms of the discipline in question. These species are classified according to various characteristics. So, there is a group formed in accordance with the subjective characteristic. This group includes relationships between:
- subordinate subjects of public administration (vertical relations);
- executive bodies that are not in a state of subordination (horizontal interactions);
- state and local executive bodies, citizens, public servants, other entities.
There are also groups of interactions formed in accordance with the state-territorial structure or direction of action.
The method of administrative law is considered a complex of prohibitory, prescriptive and permissible methods of influence on relations of a managerial nature. The means of prescription, permission and prohibition are used in a certain ratio. The administrative law method is characterized by dynamism, which is associated with the nature of managerial interactions. The specified set of measures inherent legal means relating to the administrative type.