Certain rules of administrative law. Thus, the implementation of administrative norms, which are associated with the implementation of administrative activities of the FSB bodies, constitutes a significant volume of activity of the national security bodies

Administrative legal norms: concept, structure, types

Rule of law- this is a generally binding rule of behavior, established or sanctioned by the state, enshrined in an official document and protected by the state; or that established by the state general rule of behavior governing public relations.

Administrative legal norms- these are rules of behavior established by the state, the purpose of which is to regulate social relations that arise, change and cease in the sphere of functioning of the mechanism executive power(government controlled); or: - these are the rules of conduct that govern relations in the sphere of public administration.

Administrative law uses administrative legal norms in the following purposes:

Ensuring proper orderliness in the organization and functioning of both the entire system of executive power (public administration) and its individual links (for example, federal executive bodies);

Ensuring the effective implementation in the field of public administration of the constitutional rights, freedoms and responsibilities of citizens and their non-governmental associations;

Definitions of one or another version of what is proper, i.e., what meets the interests rule of law, behavior of all persons and organizations operating in the field of public administration;

Direct expression in the field of public administration of public legal interest;

establishing and ensuring a strong regime of legality and state discipline within the framework of regulated social relations.

Thus, administrative legal norms express the essence of the executive branch of a single state power– execution, implementation of the requirements of the Constitution, legislation and regulatory decrees President of the Russian Federation.

Features of administrative legal norms:

Unlike norms in other industries Russian law they have their own legal means protection from attacks on them (non-compliance, dishonest fulfillment of their requirements, etc.). This refers to administrative liability, which usually occurs out of court, i.e., administratively. In the same aspect, we can talk about disciplinary liability for violating the rules governing service relations.

In many cases, they regulate social relations that are the subject of other branches of law. Thus, they ensure the regulation of a certain part of financial, land, tax, labor, environmental or other relations (for example, determining the procedure for collecting taxes, state control over compliance with tax, environmental legislation, etc.)

Quite often they are established directly by the subjects of executive power themselves in the process of state management activities and for its purposes (for example, by regulatory decrees of the Government of the Russian Federation).

Administrative legal norms carry a double legal burden in their content: law enforcement and law-establishing. And this practically means that administrative legal norms, being one of the most important legal norms the application of legislation in the field of public administration, inherently serve the purposes of law enforcement, i.e. execution. This, in particular, is evidenced by the fact that the current legislation establishes that normative acts of executive authorities are issued for the purpose of implementing the law, i.e. they are subordinate to law.

The entire set of existing administrative legal norms cannot be reduced to those established directly by the subjects of the executive branch. Many rules of administrative law are contained in the Constitution of the Russian Federation, in the constitutions of republics and in the charters of other subjects of the Russian Federation. These kinds of norms determine the basic parameters of state administrative activity and the management relations that arise in its process (for example, the constitutional status of an individual implemented in the sphere of management, the status of the main subjects of executive power, etc.).

Structure of administrative legal norms. It consists of 3 elements: hypothesis, disposition and sanction.

Hypothesis of rule of law (assumption)- Part legal norm, describing the conditions upon the occurrence of which it is necessary to apply this norm. It specifies the circumstances under which the subjects of legal relations have rights and obligations.

A hypothesis often reveals itself in the form of legal facts (for example, reaching a certain age, committing an administrative offense, etc.). When regulating the activities of the management apparatus, it is not directly expressed, but is assumed as a condition for the compliance of its activities established competence.

For example, Art. 2.3 of the Code of Administrative Offenses provides that persons who have reached the age of sixteen at the time of committing an administrative offense are subject to administrative liability.

Disposition of the rule of law (order)– the central element of a rule of law, containing a rule of behavior that participants in legal relations must follow. It establishes the rights and obligations of the parties, determines the behavior options of participants in public relations.

Disposition is the corresponding instructions, prohibitions or permissions.

Sanction of the rule of law (penalty)– an element of a legal norm indicating measures state coercion, applied in case of violation of the instructions contained in the rule of law.

A sanction, as a rule, provides for one or another measure of an administrative-preventive (for example, requisition of property) or preventive (for example, a ban on the operation of a vehicle) nature.

Types of administrative legal norms.

By purpose:

Regulatory – containing rules for creative, normal activity;

Protective – designed to ensure protection and protection of relations regulated by legal norms.

And accordingly, administrative law can be considered as a complex consisting of norms regulating the creative activities of the executive branch and its protective activities.

Substantive administrative legal norms legally establish a set of duties, rights, as well as responsibilities of participants in regulated social relations, i.e., in fact, their administrative legal status. For example, Federal Law-79 “On the State Civil Service of the Russian Federation” dated July 27, 2004 defines public service as professional activity to ensure the execution of powers of government bodies. This norm is static, since it only fixes the opportunity to acquire the status of a civil servant described in it in general form.

Procedural administrative legal norms, by their purpose, determine (regulate) the procedure or procedure for the implementation of duties and rights established by the norms of substantive administrative law within the framework of regulated management relations. In particular, they determine the procedure for entering and completing the civil service.

According to the method of influencing the subjects of the relationship:

Binding, i.e. containing a legal order to act properly under the conditions prescribed by the norm. For example, to perform certain types of work it is necessary to obtain a license (official permission); when hiring for public service, the relevant officials are required to issue an order; the emerging commercial association is required to undergo state registration with the justice authorities, etc.;

Prohibiting, i.e. providing for a ban on the performance of certain actions in the conditions determined by this norm. For example, a general prohibition is the prohibition of actions (inaction) that fall under the signs of administrative offenses (Administrative Offenses Code of the Russian Federation); it is prohibited to consider a complaint by an official whose actions are the subject of a citizen’s complaint, etc.;

Authorizing (permissive), i.e. providing for the opportunity of the addressee to act within the framework of the requirements of this norm at his own discretion. There is permission that gives the opportunity to choose one or another option of action (inaction), but within a certain legal regime created by this norm. For example, a citizen is given the opportunity to independently resolve issues related to the practical implementation of his subjective rights and freedoms in public administration (for example, the right to appeal against unlawful actions of officials). If we are talking, for example, about officials, then in relation to them, permissible norms mean the independent choice of a certain type of behavior, but not arbitrary, but one of those proposed by this norm.

Thus, officials exercising control and supervisory powers may apply one of the measures provided for by the administrative legal norm to the violator of the relevant rules of conduct administrative coercion. For example, officials of the State Committee of the Russian Federation for Environmental Protection (Goskomekologiya of Russia), when exercising state control over compliance with environmental legislation, have the right to give mandatory instructions to eliminate detected violations of the law; limit or suspend economic or other activities carried out in violation of legal requirements; give instructions to stop financing these activities; consider cases of administrative offenses in the field of environmental protection; revoke licenses; prohibit the commissioning of facilities whose construction was carried out in violation of environmental standards and so on. It is obvious that not the entire set of these means of influence is used, but only those that, in the opinion of the authorized official, are the most effective.

Stimulating (incentive), i.e. ensuring proper behavior using appropriate means of material or moral influence on participants in regulated management relations (for example, tax or other benefits, the use of preferential lending, etc.).

Recommendatory, i.e., providing the opportunity to search for the most appropriate options for solving certain problems (for example, recommendations on the most effective organization of the work of state tax inspectorates in applying sanctions for violations of tax legislation).

By subject of action:

By action in space (territorial scale): federal, operating on the territory of a constituent entity of the Russian Federation or region, intersectoral, sectoral, local (intra-organizational)

The effect of administrative legal norms in space is associated with the position of the body that issued the act.

By range of persons: generally binding for all subjects, for special subjects (certain groups of persons)

Round individuals the effect of administrative legal norms is associated with the extension of the rules they establish to all citizens or to individual groups of them (military personnel, refugees, employees of a certain ministry, etc.) - these are the so-called special subjects.

By legal force:

Legislative acts

By-laws - may be contained in presidential decrees, government decrees, orders and decrees of departmental bodies, decrees of heads of administrations.

Decisions of the Constitutional and other courts have greater legal force than regulations and even laws.

By validity period:

Temporary. If the validity period of a norm is set in advance, it means it is temporary, urgent. An urgent norm, unless canceled early, terminates automatically when a pre-specified date arrives.

Permanent. Permanent norms are valid indefinitely, their validity period is not determined in advance, they are valid until they are repealed.

Administrative legal norms differ in their regulatory focus and, accordingly, in legal content.

The norms of administrative law are divided into types depending on various criteria - the characteristics of the social relations they regulate, their purpose and functions.

1. According to their purpose, administrative legal norms are divided into substantive and procedural.

Substantive administrative legal norms legally establish a set of rights and obligations, as well as the responsibilities of participants in management relations regulated by administrative law, that is, in fact, their administrative legal status. The legal regime within which the system of executive power (public administration) must function and the participants in regulated management relations must act is expressed in material norms. Such administrative legal norms are often called static. These are, for example, rules defining the responsibilities of relevant officials accept and consider fixed time a citizen’s complaint, the basis of the competence of a particular executive authority. Thus, substantive administrative legal norms determine the basis for the interaction of subjects, execution, application and compliance with the norms of administrative law, ensuring necessary cases their measures of state coercion.

Procedural administrative legal norms regulate procedural issues related to the implementation of public administration. For example, these are the rules defining the procedure for receiving, considering, resolving complaints and applications from citizens: the procedure for proceedings in cases of administrative rights on violations. Their purpose is to determine the order (procedure) of implementation legal responsibilities and right established by standards substantive administrative law within the framework of regulated management relations. These norms are usually called dynamic.

The ratio of material and procedural rules administrative law can be shown in the following example: Federal Law "On the Public Service System Russian Federation" of May 27, 2003 defines civil service as a professional activity to ensure the execution of the powers of a state body, as well as the conditions associated with entry into the civil service. These norms only fix the possibilities for citizens of the Russian Federation to acquire the status of a civil servant. This is their legally understood staticity and, accordingly, materiality. The same law contains rules defining the procedure for entering the civil service and completing it. in this case We are already talking about procedural (dynamic) norms.

2. By the method of influencing the behavior of subjects. An administrative legal norm influences the behavior of participants in public relations in different ways: it can oblige action, prescribe certain actions, authorize the performance of certain actions, prohibit their performance. In accordance with the nature of the rule formulated in the norm, administrative legal norms are divided into prescriptive, empowering and prohibitive.

According to subjects (addressees), administrative legal norms are divided into regulatory ones:

• - activities of government bodies, enterprises, organizations;
• - behavior of citizens;
• - activities of public and religious organizations;
• - activities of civil servants.

The rules of administrative law also apply to foreign individuals and legal entities located on the territory of the Russian Federation.

3. According to the form of the prescription, administrative legal norms are divided, first of all, into imperative (categorical) and recommendatory.

Imperative norms contain categorical instructions. They cannot be changed by participants in specific social relations. Example: clause 2.7 of the Resolution of the Council of Ministers - Government of the Russian Federation dated October 23, 1993 N 1090 “On the rules traffic» the driver is prohibited from: driving vehicle in a state of intoxication (alcohol, drugs or other), under the influence medicines, impairing reaction and attention, in a painful or tired state, jeopardizing traffic safety.

Advisory norms contain recommendations on the advisability of performing certain actions by subjects of administrative law. Dispositive norms provide the opportunity for subjects of legal relations to determine their rights and obligations within the framework of the legal norm. They are relatively rare in administrative legislation.

4. By action in space. Administrative legal norms enshrined in federal legislation, operate throughout the Russian Federation. In the territories of the constituent entities of the Russian Federation, there are also administrative and legal norms enshrined in the regulatory legal acts of the constituent entities of the Russian Federation.

In some cases specified standards operate on the territory of several states in accordance with bilateral or multilateral agreements. The expansion of such practices has become natural for relations between the sovereign member states of the CIS.

5. Based on their effect over time, administrative legal norms are divided into urgent, that is, with a predetermined validity period, and unlimited, which does not have a predetermined validity period.

Administrative legal norms, as a rule, are not limited to certain periods of validity. This means that they are valid until they are officially changed or canceled. In some cases, it is possible to establish certain periods of their validity, for example, by the Federal Constitutional Laws “On state of emergency" and "On martial law" a state of emergency or martial law is established for a certain period. Legal force Administrative legal norms are acquired either from the moment of signing the normative acts containing them, or during the period provided for the entry into force of the relevant norms.

There are some administrative legal norms in force in the Russian Federation former USSR. IN similar cases Union norms that do not contradict Russian legislation remain in force until the moment when updated norms are established by legislative or other bodies of the Russian Federation.

Administrative legal norms are also divided into long-term and short-term. At the same time, both urgent and unlimited norms can be long-term or short-term.

• 6. Taking into account federal structure Russian administrative legal norms are classified according to the scope of action:
  • - general federal norms;
  • - norms of the subjects of the Federation.
• 7. According to the scope of regulation, administrative legal norms are divided into:
  • - general, that is, extending its effect to all spheres and branches of public administration and regulating the most important aspects the process of implementing executive power. Most often, such norms are contained in legislative acts, presidential decrees and decrees of the Government of the Russian Federation;
  • - intersectoral, that is, regulating certain aspects of state- management activities, which are common or adjacent to all or many branches of public administration and at the same time have a special character. For example, such features are characteristic of the norms of antimonopoly, environmental legislation, norms contained in the provisions on intersectoral executive authorities (statistics, tariffs), etc.;
  • - sectoral, that is, regulating certain aspects of management relations that arise within the boundaries of the sphere assigned to executive bodies sectoral competence (for example, ministries).

There are other classification groups administrative legal norms. For example, they can be either intrasystemic (their legal force extends to lower levels of the executive power mechanism) or generally binding (their effect extends to all participants in regulated relations).

The structure of an administrative legal norm is understood as internal structure norms, certain order interconnections, interdependence components, elements of the norm. An administrative legal norm consists of a hypothesis, a disposition and a sanction.

The hypothesis, as part of an administrative legal norm, contains an indication of the actual conditions for its implementation. The hypothesis contains an indication of a legal fact, the actual circumstances of the entry into force of the norm, the implementation of its disposition (for example, the conditions for bringing to administrative responsibility). A hypothesis can be either abstract or casuistic. An abstract hypothesis, defining the conditions for the action of a norm, points to general signs implementation of the norm. The casuistic hypothesis connects the implementation of a legal norm with strictly defined special cases.

Disposition is structural element a legal norm that defines the rule of behavior prescribed by the norm, the rights and obligations of the parties.

Prescriptive dispositions impose on subjects the obligation to perform certain actions, prescribe to them one or another version of proper behavior, and the obligation to perform certain actions. Example, according to clause 1.5. of the Road Traffic Regulations, “... road users must act in such a way as not to create a danger to traffic or cause harm.”

Authorizing dispositions in administrative law, as a rule, determine the functions and powers of subjects of public administration. For example, according to Art. 13 of the Federal Constitutional Law “On the Government of the Russian Federation”, the Government of the Russian Federation, within its powers: organizes the implementation of internal and foreign policy RF; carries out regulation in the socio-economic sphere; ensures the unity of the executive power system in the Russian Federation, directs and controls the activities of its bodies; forms federal target programs and ensures their implementation; exercises the right of legislative initiative granted to him.”

Prohibitory dispositions are those that contain a ban on committing certain actions. illegal acts(actions or inactions). A prohibitive disposition requires one to refrain from engaging in a particular type of behavior that is considered an offense by law.

A sanction as an element of an administrative law contains an indication of the measures of influence applied to the violator. This does not mean any administrative impact, but only that, the application of which is provided for by the norm in connection with the offense. Administrative legal sanctions applied for administrative offenses are provided for by the Code of Administrative Offenses of the Russian Federation. For example, according to Art. 8.1. of this Code with a sanction “...for non-compliance environmental requirements when planning, feasibility studies of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other objects, the purpose administrative fine citizens, officials and legal entities."

Administrative and legal sanctions applied for violation of the norms of this Code are listed in Art. 3.2. These include the following:

• - warning;
• - administrative penalty;
• - compensatory seizure the instrument of commission or the subject of an administrative offense;
• - confiscation of the instrument or subject of an administrative offense;
• - deprivation special law provided to an individual;
• - administrative arrest;
• - administrative expulsion outside the Russian Federation by a foreign citizen or stateless person;
• - disqualification;
• - administrative suspension of activities.

A normative legal act is a written official document adopted (issued) in a certain form law-making body within its competence and aimed at establishing, amending or repealing legal norms. In turn, a legal norm is usually understood as a generally binding state regulation of a permanent or temporary nature, designed for repeated use.

An administrative legal norm contains a rule of conduct that regulates social relations in the sphere of executive power (public administration). A norm of administrative law expresses the essence of the social relationship it regulates and is the “building block” of a specific administrative legal act (law, presidential decree, government resolution, etc.).

The rules of administrative law occupy important place in the system of Russian law, as they regulate a wide range of diverse social relations. They determine the boundaries of proper, permitted or recommended behavior of people, the procedure for the activities of executive authorities and their officials, as well as state and non-government state enterprises, institutions, organizations and labor collectives in the sphere of executive power (public administration). The norms of administrative law establish the legal regime of relations between government entities and local government, determine the rights, freedoms and responsibilities of citizens in the sphere of executive power and guarantees for their implementation. A significant place is occupied by norms on administrative, disciplinary and financial responsibility, as well as on ways to ensure legality and discipline in the activities of executive authorities and their officials.

The norms of administrative law not only organize, consolidate and protect new social relations that arise during the transition to market economy, but also displace from the sphere of executive power (public administration) social relations that do not meet modern conditions. Many of its norms define the mechanism for execution, implementation, and application of legal requirements to specific circumstances and objects of management.

The purposes of execution and application of legislation are also served by lawmaking activity the executive authorities themselves. In cases where legal norms do not have direct action, this role is performed by by-laws issued by the Government, federal and regional authorities executive power. By detailing and specifying constitutional and legislative norms, by-laws make them actually “working”.

There are various types of administrative legal norms(see diagram 3). The grounds for their division into types are: content; form of expression established rules; the circle of persons to whom they apply; the order of operation of norms in space and other signs.

establishing the rights, duties and responsibilities (status) of subjects of administrative law: citizens, executive authorities, civil servants, enterprises, institutions and organizations;

determining forms and methods of exercising executive power;

establishing administrative liability for offenses that are not crimes;

regulating administrative procedural activities;

ensuring legality in the activities of executive authorities;

Scheme 3. Classification of administrative legal norms

defining the basic provisions for the organization of public administration in the economic, socio-cultural and administrative-political spheres.

Those groups of administrative legal norms that define the rights, duties and responsibilities of participants in the relations regulated by them are usually called material - for example, articles of numerous provisions on subjects of public administration. Administrative legal norms that determine the procedure (procedure) for the implementation of norms substantive law, are called procedural - for example, sections of the Code on administrative offenses RSFSR* (Administrative Code), regulating proceedings in the relevant categories of cases.

An administrative legal norm is a rule of behavior established by the state in order to regulate public relations in the field of public administration.

Features of administrative legal norms.

Since administrative legal norms operate in the sphere of public administration, their first feature is the very subject of regulation or the specificity of the standardized social relations that develop in the sphere of public administration.

The second feature of administrative legal norms is that they contain legally mandatory rules behavior addressed by various subjects operating in the field of public administration, but mainly by management bodies (executive authorities and local self-government), since they regulate, first of all, the activities of the management apparatus.

Types of administrative legal norms.

The main criterion for the classification of administrative legal norms is their legal content, according to which these norms can be divided into:

a) binding, i.e. prescribing the mandatory performance of certain actions, about which we're talking about in this norm (many such norms are contained in the traffic rules, fire safety, rules for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation and other acts);

b) prohibiting, i.e. providing for a ban on the commission of certain actions specified in this norm (for example, Article 20.1 of the Code of Administrative Offenses of the Russian Federation prohibits obscene language in in public places, offensive harassment of citizens and other actions that demonstratively violate public order and peace of citizens);

V) authorizing, i.e. providing for the opportunity to act at one’s own discretion within the limits of the requirements of this norm, i.e. provide an opportunity for participants in management activities to perform certain actions or refrain from them (for example, a citizen can in the prescribed manner obtain the right to drive vehicles or use civilian weapons, or maybe not).

Depending on the subjects to whom administrative legal norms are addressed, the latter are divided into:

a) norms regulating the legal status of executive authorities and local self-government, forms and methods of their activities, organization of work;

b) norms establishing the administrative and legal status of employees of the state and municipal apparatus;

c) norms establishing the administrative and legal position public associations(non-governmental organizations);

d) norms establishing administrative legal personality citizens of the Russian Federation, foreign citizens and stateless persons.

According to their official role, the norms of administrative law are divided into substantive and procedural.

The norms of substantive administrative law determine the content of the rights and obligations of the parties to public relations.

Norms procedural rights determine the procedure for implementing these duties and rights (for example, the procedure for considering a complaint, application).

By action over time Administrative legal norms are divided into urgent ones, i.e. with a predetermined validity period and perpetual, without a predetermined validity period. The latter are valid until they are cancelled.

By the circle of persons to whom their action extends - general (apply to all persons in a given territory); special (applies only to specific subjects - military personnel, police officers, trade workers, persons responsible for compliance with fire safety rules and others).

According to the limit of action in space (according to the classification of A.P. Korenev), administrative legal norms are divided into:

a) all-Russian (federal);

b) operating within the constituent entities of the Russian Federation;

c) extending their effect to a certain part territorial unit(for example, when declaring quarantine);

d) interterritorial (or special), operating within several administrative-territorial units (districts, districts, territories, regions, etc.).

By scope of regulation(according to the classification of Yu.M. Kozlov) administrative legal norms can be general, intersectoral, sectoral and local. In accordance with this criterion, administrative legal norms may have intrasystem(their legal force extends to lower levels of executive power) or compulsory character.

Structure of administrative legal norms.

From point of view internal structure an administrative legal norm, like any other legal norm, consists of a hypothesis, a disposition and a sanction.

A hypothesis is that part of a norm that contains an indication of the actual conditions, in the presence of which it is necessary to be guided by this norm, to fulfill or apply it. The hypothesis of an administrative legal norm can be absolutely certain, i.e. accurately indicating the facts, the presence of which gives grounds to be guided by this rule. For example, the hypothesis of the norm of the Federal Law "On military duty And military service" establishes the age (18 years) at which a male citizen of the Russian Federation must register for military service.

The hypothesis of an administrative legal norm may be relative to a certain, i.e. giving only a general description of the facts that allow one to be guided by this norm. For example, a person liable for military service good reason Those who fail to appear when summoned to the military registration and enlistment office may be held accountable in the form of a fine imposed by the authority of the military registration and enlistment office. In this case, the issue of recognizing the reason as disrespectful is decided by an official of the governing body - the military commissar.

Disposition - main part an administrative legal norm that defines the very rule of behavior prescribed by a rule of law (in a prohibitory norm - what is prohibited).

A sanction is a measure state influence coercive nature applied to persons who violate established rules.

The most widespread the following sanctions administrative regulations:

1. Disciplinary measures. These include: reprimand, reprimand, severe reprimand, warning about incomplete official compliance, demotion, etc.

2. Measures of a material and financial nature (for example, a prohibition on issuing money from a current or current account if the main indicators of the production plan are not met.

3. Administrative penalties.

According to Art. 3.1. Code of Administrative Offenses of the Russian Federation these include:

1) warning;

2) administrative fine;

3) paid seizure of the instrument or subject of an administrative offense;

4) confiscation of the instrument or subject of the administrative offense;

5) deprivation of a special right granted to an individual;

6) administrative arrest;

7) administrative expulsion from the Russian Federation of a foreign citizen or stateless person;

8) disqualification;

9) administrative suspension of activities.

Concept and types of administrative-legal relations.

Under administrative legal relationship refers to a social relationship regulated by an administrative legal norm.

Can such relationships arise between citizens? G.I. Petrov justified the possibility of this, although given point didn't get any vision scientific literature widespread.

At the same time, Professor Yu.P. Nightingale argues that police-legal relations, which are a type of administrative-legal relations, are possible between citizens. For example, a farmer using firearms to protect their property, or a security guard - to protect the protected property. Any citizen has the right, within the framework of necessary defense, to use force in order to suppress a crime.

And Western legislation knows the right to “stop and search”, which is vested in any citizen who stops a crime. It is complemented by the right to bring the suspect to the police. These are clearly administrative-legal (and even police-legal) relations between citizens, characterized by inequality of the parties. “Vertical” administrative-legal relations between drivers, drivers and passengers, enshrined in traffic rules, are also known.

Introduction

Chapter 1. Concept and content of administrative legal norms

Chapter 2. Types of administrative legal norms

Chapter 3. Implementation of administrative and legal norms

Chapter 4. Forms of expression of administrative legal norms

Conclusion

Introduction

Administrative law is the right to life and protection, the right to appeal, and the right to be heard by the state and society. A significant part of the norms this right designed to ensure the functioning of man and society in complex systems, in interaction with technical advances.

The norms of administrative law occupy an important place in the system of Russian law, as they regulate a wide range of diverse social relations. They define the boundaries of proper, acceptable or recommended behavior of people, the procedure for the activities of executive authorities and their officials, as well as state and non-state enterprises, institutions, organizations and labor collectives in the sphere of executive power (public administration). The norms of administrative law establish the legal regime of relations between subjects of state administration and local self-government, determine the rights, freedoms and responsibilities of citizens in the sphere of executive power and guarantees for their implementation. A significant place is occupied by the rules on administrative, disciplinary and financial responsibility.

The norms of administrative law not only streamline, consolidate and protect new social relations that arise during the transition to a market economy, but also displace from the sphere of executive power (public administration) social relations that do not meet modern conditions.

Characteristics of the content of the concept “administrative legal norm” are given great attention in almost all textbooks and monographs on administrative law. But, despite a large number of materials and developments on this topic, the problem of administrative and legal rule-making has still not lost its relevance.

The relevance of the topic of the test work is explained by the significance and special role of administrative law in the legal system, the specificity of its norms and the legal relations arising from them.

The purpose of writing this work is to characterize the concept of “administrative legal norm”, its inherent features and characteristics and to study the process of implementing administrative legal norms. To achieve this goal, it is necessary to solve the following tasks:

Using special educational literature and legislative acts, expand the concept of “administrative legal norm”,

Carry out a classification of administrative legal norms in accordance with the most significant criteria.

Consider the forms of expression of administrative legal norms.

In accordance with the objectives, the work is divided into 3 parts, each of which is devoted to revealing a corresponding problem.

Chapter 1. Concept and content of administrative legal norms

Essence and social purpose administrative law, the specifics of administrative legal regulation of social relations are revealed when analyzing the legal norms that make up the content of this legal industry, and allow us to determine its place in legal system Russian Federation.

Rule of law in its own way legal significance There is certain rule behavior, compliance with which is guaranteed by various kinds of organizational, explanatory and stimulating means, as well as by the use of legal coercive measures against those who do not comply. Such qualities are fully inherent in administrative legal norms.

Professor Yu.M. Kozlov believes that “an administrative legal norm can be defined as a rule established by the state, the purpose of which is to regulate social relations that arise, change and cease (as necessary) in the sphere of the mechanism of executive power (in the broad sense) of public administration" Administrative Law: Textbook / Ed. L.L. Popova. - M.: Yurist, 2002. - p. 59.

Professor B.M. Lazarev: “A norm... of administrative law is a rule established... by the state, which is designed to regulate relations in the sphere of public administration and the implementation of which, like the norms of other branches of law, is reinforced in case of non-compliance coercive force states."

Professor V.M. Manokhin: “...the norms of administrative law are established competent authorities, strictly defined rules of conduct for participants in public administration, secured by measures of state coercion."

D.M. Ovsyanko: “An administrative legal norm is established or sanctioned by the state (Federal Assembly of the Russian Federation, body legislative branch subject of the Russian Federation, an executive body) a rule of conduct for the purpose of regulating social relations in the sphere of executive power (public administration)."

The stated starting positions make it possible to define an administrative legal norm as a rule of behavior established by the state, the purpose of which is to regulate social relations that arise, change and cease in the sphere of functioning of the mechanism of executive power or (in a broad sense) public administration. These social relations are usually called managerial.

Administrative legal norms directly express the regulatory role of administrative law, manifested in the following:

1.Administrative legal norms pursue the goal of ensuring proper orderliness in the organization and functioning of both the entire system of executive power (public administration) and its individual links, their rational interaction;

2.Administrative legal norms determine one or another version of what is due, i.e. consistent with the interests of the rule of law, the behavior of all persons and organizations operating directly in the sphere of public administration and performing this or that; a different scope of its functions (for example, the administration of a territory, region), or in one way or another affecting the interests of this sphere by its actions (for example, public associations, citizens);

.Administrative legal norms, operating in the field of public administration, are primarily and mainly intended to ensure the effective implementation constitutional purpose mechanism of executive power, i.e. execution, implementation of the requirements of the laws of the Russian Federation. Thus, they express the essence of the executive branch of a single state power;

.Administrative legal norms, defining the boundaries of proper behavior in the field of public administration, serve the interests of establishing and ensuring a strong regime of legality and state discipline in social relations arising in the process of public administration;

.Administrative legal norms, unlike many other branches of Russian law, have their own legal remedies against attacks on them (non-compliance, dishonest fulfillment of their requirements, etc.). This refers to administrative liability, which usually occurs in out of court. In the same aspect, we can talk about disciplinary responsibility, the scope of which is incomparably narrower than that of administrative responsibility (exclusively official relations);

.Administrative legal norms in many cases can act as a regulator of other social relations, and not just their protector;

.Administrative legal norms are quite often established directly in the process of exercising executive power and directly by its subjects.

Giving a general description of administrative legal norms, it is necessary to pay attention to some of their features. First of all, the issue of the relationship between law enforcement (law enforcement) and legal establishment (lawmaking) should be resolved.

Any legal norm is an act of lawmaking, and administrative legal norms do not represent any exception. For the relevant subjects of executive power current legislation powers to independently establish legal norms are secured. There is administrative lawmaking.

Administrative legal norms established by subjects of executive power are secondary in comparison with similar norms of constitutional or legislative nature, i.e. derivatives from them; the latter are primary in their legal significance. Hence the subordinate legislation not only of the activities of executive authorities, but also of the administrative and legal norms established by them. In the hierarchy of legal norms they are assigned specific place, expressed by the following legal formula: they are created on the basis (basis) and in pursuance of the Constitution, laws and regulatory decrees of the President of the Russian Federation as head of state.

As for the structure of administrative legal norms, it is traditional: hypothesis, disposition and sanction. However, here too there are certain features. Thus, the hypothesis is not clearly expressed in all cases. It often reveals itself in the form of legal facts. When regulating the activities of the management apparatus, it is not directly expressed, but is assumed as a condition for the compliance of this activity with the established competence of a particular subject of executive power. The disposition of the norm is instructions, prohibitions and permissions.

The sanction is provided, as a rule, in the form of specific disciplinary or administrative influence, and not all norms have such.

Chapter 2. Types of administrative legal norms

Administrative legal norms differ in their regulatory focus and, accordingly, in their legal content.

Exist various criteria their classifications. Most general character distinguishes two main types of these norms: substantive and procedural.

Substantive administrative legal norms are characterized by the fact that they legally establish a set of duties and rights, as well as the responsibilities of participants in management relations regulated by administrative law, i.e. in fact, their administrative and legal status. The legal regime within which the system of executive power (public administration) must function and the participants in regulated management relations must act is expressed in material norms. Such administrative legal norms are often called static. These are, for example, norms defining the duties of relevant officials to accept and consider a citizen’s complaint within a specified period of time; norms defining the basis of the competence of a particular subject of executive power, etc. Thus, material administrative legal norms determine the basis for the interaction of executive authorities and various types of management objects, their mutual legal capabilities.

Procedural administrative legal norms regulate the dynamics of public administration and related management relations. For example, these are norms that determine the procedure for receiving, considering, and resolving complaints and applications from citizens; procedure for proceedings in cases of administrative offenses, etc. Their purpose comes down to determining the order (procedure) for the implementation of legal obligations and rights established by the norms of substantive administrative law within the framework of regulated management relations.

Sometimes regulatory (regulatory) and law enforcement administrative legal norms are distinguished. At the same time, it is forgotten that regulation or regulation is a general property of any legal norms, including those aimed at law enforcement.

The classification of administrative legal norms depending on their specific legal content is important. It is based on one or another version of the method of administrative and legal regulation of managerial social relations. From these positions stand out the following types administrative legal norms:

a) binding, i.e. prescribing to perform certain actions under the conditions provided for by this norm. The commands contained in such norms can be expressed as mandatory instructions.

Currently, management practice is based on the need to sharply reduce direct instructions. Objectively, the real mechanism of public administration cannot do without them. We must not forget that legal regulation itself, in its leading manifestation, comes down precisely to legal regulations, the nature of which can be different.

In particular, this is expressed in the fact that many binding (or prescriptive) administrative legal norms are formulated not in the form of direct mandatory instructions, but only as a definition of general or special duties participants in regulated management relations. In relation to citizens, enshrined in the norm of administrative law, their general duties are an element of their administrative legal status;

1.Prohibiting, i.e. providing for a ban on the performance of certain actions in the conditions determined by this norm. Prohibitions can be general or special;

2.Authorizing (authorizing) or permissive (dispositive) norms. What these norms, which have different names, have in common is that they express the ability of the addressee provided for by an administrative legal norm to act within the framework of the requirements of this norm at his own discretion. The main thing is that there are no direct instructions, as well as prohibitions. But the norm creates a certain legal regime, within the framework of which participants in regulated management relations do not act arbitrarily, but obey the specified regime. The absence of regulations and prohibitions indicates the presence of another “lever” of legal influence, namely permission. In fact, permission is permission by a given norm under given conditions to perform or not perform given actions; permissible norms, accordingly, can be characterized as permissive.

Administrative legal norms of a permissible nature are increasingly wide use in the practice of implementing the tasks and functions of the executive branch. In this regard, one must take into account the rather frequent references to the operation of the supposedly comprehensive principle: you can do everything that is not prohibited. However, such a principle cannot be interpreted literally, because otherwise only prohibitions will apply.

The specific legal content of authorizing (permissive) administrative legal norms depends on the characteristics of their addressee. administrative norm law form

Administrative legal norms are also classified according to other criteria. Thus, according to the addressee, norms regulating:

1.Organization and activities of the executive power mechanism, i.e. various levels of the government apparatus;

2.Administrative and legal status of civil servants - employees of the administrative apparatus;

.Key questions organization and activities of state enterprises and institutions;

.Administrative and legal status of public associations;

.Individual parties functioning of various types of commercial structures, including private ones;

.Administrative and legal status of citizens.

Taking into account the federal structure of Russia, administrative legal norms in their scope are divided into federal ones, as well as those established by the subjects of the federation (republican, territorial or regional, etc.). In terms of the scope of regulation, administrative legal norms can be general, intersectoral, sectoral and local. Finally, administrative legal norms can be either intra-system or generally binding.

Chapter 3. Implementation of administrative and legal norms

Implementation of administrative legal norms means practical use the rules of conduct contained therein in the interests of regulating managerial social relations. All parties to these relationships participate in this process, but, naturally, in different ways, i.e. in accordance with their administrative and legal status.

There are two main ways of implementing administrative legal norms: execution and application.

Execution of administrative legal norms is the exact adherence of participants in regulated management relations to the legal regulations, prohibitions or permissions that they contain. This option for implementing legal norms is universal, since its subjects are any participants in management relations. The reality of administrative legal norms and the legal regime they establish in the field of public administration depends on the quality, volume and level of execution. Therefore the execution is the most important means ensuring proper law and order and state discipline in the sphere of implementation of executive power.

In contrast to execution, the application of administrative legal norms is the prerogative of the relevant executive authorities. It is practically expressed in the publication authority(official) individual legal acts based on the requirements of substantive or procedural norms. These acts are issued in relation to specific administrative matters(for example, an order for appointment to a position, a decision on a citizen’s complaint, registration of a public association, etc.).

An administrative legal norm is not implemented as a result of the execution by one party or another of an administrative relationship of any kind, for example, a ban (crossing the street into in the wrong place etc.), but through an official legally authoritative decision of a specific administrative matter, which falls exclusively within the competence of government bodies (officials). Law enforcement is a generalized characteristic of the functioning of the executive power mechanism. This is why citizens do not have the authority to apply administrative law.

Law enforcement in administrative procedure in cases specifically provided for by the current Russian legislation, is also assigned to the courts (judges). In particular, this kind of action judiciary carried out as prescribed administrative penalties for committing administrative offenses (for example, petty hooliganism), and when considering and resolving a number of essentially administrative disputes (for example, on complaints from citizens about misconduct governing bodies and officials).

Thus, execution and application are the two main ways of implementing administrative legal norms.

In time, administrative legal norms, as a rule, are not limited to certain periods of validity. This means that they are valid until they are officially changed or until they are cancelled. In some cases, it is possible to establish certain periods of their validity (for example, a state of emergency is established for a certain period).

Administrative legal norms acquire legal force either from the moment of signing the normative acts containing them (for example, presidential decrees or decrees of the Government of the Russian Federation), or during the period provided for the entry into force of the relevant norms. As a rule, this is 10 days after the publication of the normative act. The date for their entry into force may also be the moment when administrative and legal norms are communicated to the executors.

Chapter 4. Forms of expression of administrative legal norms

Legal norms need external forms of expression; they must be designed so that the people to whom they are addressed can become familiar with them. Rules of law are included as articles, clauses, paragraphs, etc. in acts of state and municipal authorities. Such “acts, if they contain legal norms, become sources of law, external forms his expressions."

The sources of administrative law are acts of state bodies that contain administrative legal norms. The fourth most important feature of the industry is the diversity and multiple sources of legal norms. This is determined by the subject of the industry: diversity and a large number administrative management relations, the need for timely legal mediation social processes, objective need decentralization of executive power.

For legal regulation its activities need big number laws and more large quantity by-laws specifying them.

Exists significant amount purely administrative and legal sources. But there are many “mixed”, diversified ones; in which there may simultaneously be norms of different branches of law (for example, administrative and labor; administrative and civil).

In our opinion, the most complete classification of sources of administrative law is given by D.N. Bachrakh.

Depending on who adopted the acts containing the norms; which means that, according to their legal force, all sources of administrative law must be divided into several groups: Acts adopted on the basis of referendums and acts of legislative bodies;

Acts of the President of the Russian Federation;

Acts state administration;

Acts of municipal authorities; Public contracts; Acts of justice;. Administrative customs.. In the first group of sources one can distinguish:

Federal laws and other regulations Federal Assembly Russian Federation

a) The Constitution of the Russian Federation;

b) Federal Constitutional Laws (Federal Constitutional law“On the Government of the Russian Federation”, “On the Commissioner for Human Rights in the Russian Federation”, etc.);

c) Federal laws (Federal Law “On the Civil Service System of the Russian Federation”; Code of Administrative Offences, etc.);

d) declarations, regulations, acts of amnesty and other acts of the chambers of the Federal Assembly of the Russian Federation (Resolution of the Federation Council of the Federal Assembly of the Russian Federation "On the Rules of Procedure of the Federation Council of the Federal Assembly of the Russian Federation").

Legislative acts of the subjects of the Federation:

a) constitution; charters of the subjects of the Federation (Charter of the Saratov Region);

b) laws of the subjects of the Federation (Law of the Saratov Region “On the Governor of the Saratov Region”).. The second group is acts of the President of the Russian Federation. Since the Constitution of the Russian Federation did not classify the President as one of three branches authorities, the President and his acts occupy special place in the Russian legal system. Acts of the President - most important source administrative law.

Acts of the President of the Russian Federation are:

a) decrees of the President (Decree of the President of the Russian Federation “On Certification of State Civil Servants”);

b) orders of the President().. The third group - acts of state administration - is the most numerous both in terms of the number of acts and their sources.

Administrative acts of federal bodies and organizations:

a) resolutions and orders of the Government of the Russian Federation (Resolution of the Government of the Russian Federation "On completion of the implementation of the federal target program"Formation of attitudes of tolerant consciousness and prevention of extremism in Russian society" (2001-2005)");

b) resolutions, orders, instructions of ministries and other central federal bodies of special competence (Order of the Ministry of Education of the Russian Federation "On the provision of state and municipal educational institutions religious organizations opportunities to teach children outside the framework of educational programs");

c) orders, resolutions, instructions, instructions and other acts of territorial federal executive authorities; orders, instructions of state administrations federal institutions, enterprises, armed groups;

d) acts of the heads of staff of the State Duma, the Government of the Russian Federation, Supreme Court Russian Federation, etc.;

e) acts of the Bank of Russia.

Administrative acts of the subjects of the Federation:

a) decrees, resolutions and other acts of the heads of executive power of the constituent entities of the Federation (presidents, governors, mayors, heads of administrations);

b) resolutions and orders of the governments of the constituent entities of the Federation;

c) orders; resolutions central authorities special competence of the subjects of the Federation;

d) orders, resolutions local authorities state power of the subjects of the Federation (for example, prefects in Moscow);

e) orders, instructions of administrations, state enterprises, institutions of constituent entities of the Federation. Any legal norms regulating issues of administrative coercion are administrative. And if such norms are adopted by decisions of municipal bodies, these acts become sources industry standards.. IN legal life Russia's role is gradually increasing public contracts containing norms of administrative law. The fifth group of sources of administrative law includes four types of contracts:

International treaties.

In Part 4 of Art. 15 of the Russian Constitution says: “If an international treaty of the Russian Federation establishes rules other than provided by law, then the rules apply international treaty"Of course, the government, the ministry does not have the right to conclude agreements with bodies of foreign states that contradict the laws of Russia.

Federative agreements. More than 50 agreements have already been concluded between the Russian Federation and its constituent entities.

Administrative agreements. The norms of administrative law are contained in agreements between federal executive authorities and executive authorities of the constituent entities of the Federation, only between federal authorities, only between bodies of the subjects of the Federation, between government agencies and municipal, etc.

Regulatory federal agreements are agreements between federal trade union associations; employers and the Russian Government, as well as similar tripartite agreements, concluded at the level of the subjects of the Federation between trade unions, entrepreneurs and administrations of the subjects of the Federation. Acts of justice are increasingly becoming sources of administrative law.

It is known that not only those acts that contain new normal rights, but also those that cancel, change the old one. Acts of justice can influence the norm system in two ways. Firstly, recognizing existing norms as illegal or unconstitutional, and thereby directly or indirectly canceling or changing them. Secondly, in those cases where the law establishes that decisions of certain courts are binding on courts of the same or lower instance.

In Russia, acts of justice are not considered legal precedents. And existing courts carry out rule-making by recognizing current standards inconsistent with norms having higher legal force.

Conclusion

A rule of law, in its legal meaning, is a certain rule of behavior, compliance with which is guaranteed by various kinds of organizational, explanatory and incentive means, as well as by the use of legal coercive measures against those who do not comply (disciplinary, administrative, financial, criminal liability).

Administrative legal norms act as rules established or sanctioned by the state that regulate relations in the sphere of activity of the executive branch, the implementation of which, in case of non-compliance, is ensured by state coercion.

The norms of administrative law in the Russian Federation determine the procedure for the creation, reorganization and abolition of executive authorities, their list, the goals and objectives of their activities, the competence and other aspects of the legal status of these bodies, their structure and operating procedure. They also apply to the organization of local self-government and the procedure for interaction of its bodies with government bodies.

The rules of administrative law establish, in addition, the procedure for the creation, reorganization and abolition of managed objects - enterprises, institutions and organizations and regulate many aspects of their activities, regardless of their form of ownership, and their relationships with public administration bodies. The rules of administrative law also establish the procedure for forecasting, planning and pricing, distribution material resources, wage regulation.

Specifying and supplementing the norms constitutional law, the norms of administrative law determine many of the rights and obligations of citizens, the mechanism for their implementation and protection from violations. The norms of administrative law are involved in establishing the legal status of public associations, public bodies, and regulate the public service. The rules of administrative law determine which acts (actions or inactions) are administrative offenses, establish the types and measures of administrative liability for their commission, and the procedure for proceedings in cases of such offenses.

The existence of an administrative legal norm is predetermined by the following goals:

1.Creating conditions for effective activities executive power;

2.Providing citizens, public associations and enterprises with the opportunity to exercise rights and freedoms, the implementation of which is related to the functioning of the executive branch;

.Protection of citizens and society from administrative arbitrariness.

Thus, administrative legal norms, forming administrative law, differ from other legal norms in that they:

1.Establish forms and methods of public administration, methods of ensuring the rule of law in public administration

2.Regulate the procedure for the formation of executive authorities, their competence, and the powers of officials of these bodies; relationships of executive authorities with other government bodies, public associations, enterprises, citizens;

.Determine the legal status of citizens, local self-government bodies, public associations and other non-state formations in the field of governance;

.Regulate management relations in the socio-political, socio-cultural and economic spheres.

List of sources used

1.Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) (as amended, introduced by Laws RF on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ) // Rossiyskaya Gazeta, No. 7, 01.21.2009.

.Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on July 22, 2010) // SZ RF. No. 2. 01/07/2002.

.the federal law dated 02.05.2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” // SZ RF. 2006. No. 19. Art. 2060.

4.Federal Law of June 19, 2004 No. 54-FZ “On meetings, rallies, demonstrations, processions and picketing” // SZ RF. 2004. No. 25. Art. 2485.

.Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (as amended on July 24, 2009) // SZ RF. 1995. No. 48. Art. 4563.

6.Administrative Law: Textbook / Ed. L.L. Popova. 2nd ed., revised. and additional - M.: "Yurist", 2005.

7.Administrative law. Textbook for universities. Ed. Yu.M. Kozlova, L.L. Popova. - M.:YURIST, 2003.

8.Alekhin A.P., Karmolitsky A.A., Kozlov Yu.M. Administrative law of the Russian Federation. - M., 1997.

9.Bakhrakh D.N. Administrative law of Russia. M., 2000.

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.Gabrichidze B.N., Chernyavsky A.G. Administrative law: Textbook. - M.: TK Welby. Prospekt Publishing House, 2004.

.Zvonenko D.P., Malumov A.Yu., Malumov G.Yu. Administrative law: Textbook. - M.: "Justitsinform", 2007.

.Pashkov A.S., Yavich L.S. Effectiveness of the legal norm // Soviet state and right. 1970. No. 3.

.Starilov Yu.N. General administrative law. Voronezh, 2007.