Abstract mechanism of administrative and legal regulation. The mechanism of administrative and legal regulation of public relations Concept and elements of administrative legal regulation

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Introduction

The concept and elements of the mechanism of administrative and legal regulation.

Concept, structure, types of administrative and legal norms. Implementation of administrative and legal norms, its types.

The concept, elements and types of administrative and legal relations.

Conclusion

Literature:

Constitution of the Russian Federation. M., 1993.

The Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses). - SZ RF. 2002. No 1. (part 1), Art. one; No. 18. Art. 1721; No. 30. Art. 3029; No. 44. Art. 4295, 4298; 2003. No. 1. Art. 2; RG. 2003.1 July, 8 July.

Federal Law “On the Enactment of the Code of the Russian Federation on Administrative Offenses” dated 30.12.2001.- SZ RF. 2002. No 1. (part 1), Art. 2.

Administrative law. Textbook. Ed. L.L. Popov. - Moscow. Lawyer. 2002.

Alekhin A.P., Karmolitskiy A.A., Kozlov Yu.M. Administrative law of the Russian Federation: Textbook. M., Zertsalo, 2002.

Bakhrakh D.N. Administrative law of Russia: Textbook for universities. Moscow. Norma - Infra. 2001.

Veremeenko I.I. The mechanism of administrative and legal regulation in the field of public order protection. Moscow. 1982.

A.P. Korenev Administrative law. Textbook. Part 1. Moscow. 2000.

A.P. Korenev Administrative law and their application. Moscow. 1978.

Kozlov Yu.M. Administrative legal relationship. Moscow. 1976.

V.V. Lazarev Application of Soviet law. Kazan. 1972.

Nozdrachev A.F. The content of the institution of administrative and legal regulation of economic relations. // Institutions of Administrative Law. State and law. 1999. No. 10.

Sevryugin V.E. Administrative law problems. Tutorial. Tyumen, 1994.

Tikhomirov Yu.A. Public law. - M., 1995, p. 25 - 52, 332 - 334.

Khalfina R.O. General doctrine of legal relationship. Moscow. 1974.

On some topical problems of administrative law. “State and Law”, 1997, No. 6.

Chirkin V.E. State science. - M., Jurist, 1999.

Yusupov V.A. Theory of administrative law. - M., Legal Literature, 1985.

Introduction

The mechanism of administrative and legal regulation of public relations in the field of public administration is one of the most difficult topics of the course. The issues of legal regulation of social relations in our society were developed within the framework of the theory of state and law. To study the mechanism, it is necessary to know the existing methods of state influence on public relations. The main way of influence is legal regulation(the establishment of the rights and obligations of participants in public relations and the implementation by the subjects of their rights and obligations). In such regulation, various legal means are used: legal norms, legal relations, lawmaking, law enforcement, subjective rights and legal obligations. All these funds are covered by the legal regulation mechanism.

Question 1. The concept and elements of the mechanism of administrative and legal regulation.

The system of administrative and legal means that affect public relations is called mechanism of administrative and legal regulation.

Legal regulation as a process can be considered in three stages:

First:entry into force and effect of a legal norm issued in accordance with the established procedure.

Second:the emergence (concretization) of general rights and obligations stipulated by the legal norm in relation to strictly defined subjects (for example, the obligation of a citizen to appear as a witness - Article 25.6 of the Code of Administrative Offenses of the Russian Federation).

Third:implementation by the subjects of relations of their rights and obligations, i.e. fulfillment of the assigned duties or the use of the granted rights (receipt of a pension, payment of a fine).

Based on this, in the opinion of Professor A.P. Korenev, the structure of the mechanism of administrative and legal regulation includes the following elements:

norms of administrative law and its principles, objectified in laws, decrees of the President of the Russian Federation and other regulations;

acts of interpretation of the norms of administrative law, published by authorized public authorities, as a rule, by the judiciary;

acts of application of the norms of administrative law;

administrative and legal relations in the sphere of executive power, public administration.

Each element of the mechanism plays a specific role in regulating human behavior and the social relations arising on its basis. Consequently, these elements of the mechanism simultaneously act as legal means of administrative and legal regulation, and they are included in the regulation process in a certain sequence.

In this way, administrative and legal regulation is a process of consistent use of administrative and legal means to achieve the goals of regulating the behavior of participants in public relations.

The most important means of the mechanism of administrative and legal regulation are normative and individual acts, which correspond to two levels of administrative and legal regulation. First level make up general rules of human behavior, a second level form individual acts,defining based on administrative law the rights and obligations of specific participants in legal relations.

Talking about interpretative acts, it should be remembered that interpretation means:

a) an understanding of the state will, expressions in the text of a legal norm, an understanding of the meaning that the legislator puts into its content;

b) explaining the content of the norm to other persons.

There are several types of interpretation: grammatical, logical, systematic, historical and political, as well as official, which expressed in acts issued by the competent authorities of the state (these acts are called acts of interpretation or interpretative acts), and unofficial, which is given by scientists, employees of the state apparatus in the form of printed works, oral presentations.

The act of application of the norms of administrative law is included in the mechanism as a means of individual rights, obligations and measures of legal responsibility.

V administratively as an element of legal regulation, the position of a particular norm of administrative law is individualized, the nature, rights and obligations of the parties to the relationship are determined.

In number legal means of the mechanism of administrative and legal regulation, playing an important role in improving the system should include:

methodological guidance of the Ministry of Justice of the Russian Federation over the divisions of justice in federal executive bodies on the preparation of draft regulations;

strengthening control over the justice authorities in the constituent entities of the Russian Federation;

a centralized system of prosecutorial supervision over the legality of the executive branch;

provision of conditions for the formation of the legal consciousness of citizens and officials.

Introduction

The relevance of the chosen topic is due to the fact that the concept of the mechanism of legal regulation within the framework of jurisprudence is an important general theoretical category that is ambiguously perceived by scientists. This concept allows not only to bring together the phenomena of legal reality associated with the solution of life situations (norms, legal relations, legal acts, etc.), and to outline them as integrity (this is also achieved using the concept of "legal system"), but also to present them in a working, systemic-acting form. And from here - to highlight the specific functions that perform certain legal phenomena in the legal system; show their connection with each other, their interaction.

Certain aspects of the topic under study are reflected in the works of such legal scholars as S. S. Alekseev, V. M. Gorshenev, Yu. I. Grevtsov, V. B. Isakov, A. V. Malko, N. I. Matuzov , T.N. Radko and others.

The object of the research is the legal regulation of public relations.

The subject of the research is the mechanism of legal regulation of social relations.

The aim of the work is to study the mechanism of legal regulation of social relations and its main elements.

This goal determines the formulation of the following tasks:

Analysis of existing in jurisprudence approaches to the definition of legal regulation;

Study of the correlation of the concept of legal regulation with the concepts of regulation by law, action of law and legal impact;

Research of the main approaches to the definition of the concept of the mechanism of legal regulation of social relations;

Study of the system of elements of the legal regulation mechanism.

In accordance with the hypothesis of the study, the mechanism of legal regulation is a system of legal means taken in unity, with the help of which legal impact on social relations is carried out. This system of legal means involved in the regulation of public relations includes: the rule of law (first link), legal fact and legal personality relationship (second link), acts of exercising rights and obligations, as well as acts of application of law (third link).

1. The concept and main elements of the mechanism of administrative and legal regulation. Its purpose and features

1.1 The essence and structure of administrative and legal regulation

Legal regulation is a category not only occupying a key position in the system of state-legal influence of the Russian Federation, but a fairly well-studied science of public administration and legal science.

So, the theory of public administration characterizes regulation in a general sense as an indispensable element of management activity or one of the functions of management.

And it is precisely this understanding of regulation that forms the basis of its sectoral types, in particular, administrative and legal regulation. As noted by Yu.M. Kozlov, administrative and legal regulation and its mechanism is a form of legal mediation of relations, within which one side acts as a manager (subject of management), and the other - controlled (object of management). Such regulation presupposes a one-sided expression of the will of one of the participants in the relationship, and the mechanism of administrative-legal regulation is not the result of mutual (i.e. contractual) expression of the will of the managers and the governed. Kozlov Yu.M. Ovsyanko D.M., Popov L.L. Administrative law: textbook / Ed. L.L. Popov. M .: Jurist, 2005.S. 58.

Yu.A. Tikhomirov, who defines administrative and legal regulation as a kind of state regulation, which is a mechanism of imperative normative ordering of the organization and activities of subjects and objects of management and the formation of a stable legal order of their functioning. Tikhomirov Yu.A. Administrative Law and Process: A Complete Course. M., 2005.359 s.

However, in the studies we have reviewed, a generalizing definition of administrative and legal regulation is rarely encountered. Legal scholars somewhat move away from this issue, replacing it with an examination of the problems of the system (mechanism) of administrative and legal regulation. On the one hand, this is quite justified, since the essence and content of administrative and legal regulation is precisely disclosed through the systemic set of its elements. However, on the other hand, the absence of a clear concept of "administrative and legal regulation" in the broad legal circulation makes it difficult to study individual legal institutions, in one volume or another, associated with issues of administrative and legal regulation.

It is possible to formulate the definition of administrative and legal regulation, relying on the theoretical developments of legal scholars and specialists in the field of the theory of public administration. The definition of legal regulation proposed by V.A. Kozbanenko: legal regulation is a legal function carried out by the state in the process of influencing public relations, through which the behavior of the participants in these relations is brought into line with the requirements and permissions contained in the norms of law, the legitimacy and obligation of execution of which is supported by society and ensured by the possibilities of using the power of the state ... Public administration: fundamentals of theory and organization: textbook / under. ed. V.A. Kozbanenko. M .: Stout, 2000.S. 437.

The above definition allows us to single out the essential features of legal regulation, which will be fundamental for determining the sectoral types of legal regulation (in particular, administrative and legal regulation):

First, it is a legal function, i.e. function of law;

Secondly, this function is carried out by the state;

Thirdly, the purpose of the implementation of this function is the formation of social relations allowed (established) by the norms of law,

Fourth, the function is provided by public support and the power of the state.

Thus, it can be determined that administrative-legal regulation is a part (element) of the legal function of general legal regulation, implemented by the state in order to form public relations in accordance with administrative-legal norms, the legitimacy and obligation of execution of which is supported by society and is ensured by the possibilities of using power. the state.

That is, administrative and legal regulation involves the influence of the state (which acts in the person of specially authorized executive bodies) on certain spheres of life in certain forms by the methods and methods enshrined in regulatory legal acts. In turn, administrative and legal regulation, being one of the forms of state regulation, has features that are manifested in the system of administrative and legal regulation.

In legal science, a stable opinion has developed regarding the elemental composition of the system of administrative and legal regulation, including:

Administrative and legal norms;

Application of the norms of administrative law by subjects of law;

Administrative and legal relations that are created as a result of the action and application of the norms of administrative law.

As it is absolutely rightly noted by Yu.N. Starilov, the listed elements of the system of administrative and legal regulation are inseparably and permanently connected; ignoring one of them leads to negative results of the actions of others. For example, even the most perfect and useful norm of administrative law, with its unreasonable or incorrect (or illegal) application (or, conversely, non-application), does not achieve the goal that was set before it by the legislator seeking to regulate certain social relations. A false interpretation of a legal norm, which in this case can even cause damage to public interests and relations, also leads to an incorrect result. Starilov Yu.N. Administrative law: at 2 o'clock. Part 1: History. The science. Thing. Norms. Voronezh: Voronezh State University Publishing House, 1998. P. 372.

As follows from the logic of the system of administrative and legal regulation, the establishment of legitimate administrative and legal relations is the main goal of legal regulation of this type. Moreover, administrative-legal relations, in contrast to other types of legal relations, are formed in a wide variety of spheres of life, and therefore in the science of administrative law there are:

Organizational managerial relations in the field of the implementation of executive power;

Intra-organizational management relations in all spheres of state activity;

Administrative and legal control relations;

Administrative and justice relations;

Administrative and tort (protective) relations.

At the same time, the fundamental point is the provision according to which administrative law is a set of legal norms that regulate public administration not only in the state-power sphere, but also in municipalities and other public institutions.

In other words, administrative law regulates relations not only in the sphere of state administration, but also in the sphere of administration carried out at the non-state level - local self-government, as well as administration in other public organizations and institutions. Administrative law: textbook / BV. Rossinsky, Yu.N. Starilov. - 4th ed., Revision. and add. M .: Norma, 2009.S. 71-83.

1.2 Elements of the mechanism of administrative and legal regulation

The constituent elements of the system of administrative and legal relations are: subjects, objects and legal facts.

The subjects of administrative-legal relations are those individuals and legal entities that are endowed with administrative rights, duties and responsibilities for the implementation of functions determined by law in the field of public administration.

The subjects of administrative and legal relations are:

Individuals (citizens of Russia, foreign citizens and stateless persons);

State, municipal employees, employees of non-state and public associations;

Executive agencies;

Local government bodies;

State-owned enterprises, institutions and organizations;

Non-governmental and public associations;

Representatives of public organizations endowed with administrative duties and rights to carry out these duties.

Subjects of administrative-legal relations are characterized by the presence of administrative legal personality that arises in citizens from the moment of birth.

Legal personality is legal capacity and legal capacity taken in unity and development (the ability of a subject to be a subject of administrative-legal relations).

Legal capacity is the possibility and ability assigned to the subject of law to have rights and obligations that are of a legal nature.

Legal capacity is the ability, assigned to the subject of the law, to acquire the rights and obligations provided for by administrative legislation by their actions and to bear responsibility in accordance with these norms (from the age of 16).

Subjects can enter into administrative-legal relations in any combination, except for two:

Citizen with citizen;

A public organization with a public organization, since in these combinations, at least one party does not have an element of control (control).

Material, subjects' behavior;

Legal side, a set of rights and obligations.

The general object of regulation of administrative-legal norms, like any other norms, is social relations, and the immediate object is the behavior of subjects. In general, an object is something about which legal relations arise.

The realization of the rights and obligations of the subjects of administrative legal relations may be associated not only with their behavior, for such relations arise both in relation to things, products of creativity, and in relation to personal intangible benefits (protection of honor, etc.). In such cases, the object of administrative-legal relations is the actions of the parties, and things, products of creativity and personal intangible benefits are the subject of administrative-legal relations.

The grounds for the emergence, change, termination of administrative and legal relations are legal facts.

A legal fact is a specific life circumstance with which the legislator associates the emergence, termination of legal relations.

Legal facts include:

A legal event is an event independent of the will of people that requires state registration, and in this regard, the onset of a change in the volume of administrative legal personality. For example, a citizen has turned 18 years old, he has acquired active suffrage and the obligation to perform active military service, etc .;

Legal action - legal facts, by origin and in the process of implementation, are volitional, having a conscious, volitional character:

Legitimate (appointment, promotion, etc.)

Wrongful (illegal orders).

Inaction may also be a legal fact - failure to take measures to protect the state, failure to comply with the orders of a superior official, etc.

regulation administrative law

2. The concept and features of administrative and legal norms

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

Administrative law is characterized by legal mediation of such activities, the main content of which is the execution or application to specific circumstances of the requirements of laws that form the basis of the entire legal system of the Russian Federation. Therefore, administrative-legal norms as a regulator of public relations of an administrative type can be characterized as one of the most important legal forms of law enforcement in the field of public administration. Consequently, these norms carry in their content a twofold legal "load": legal and law enforcement. There is a very close relationship between these functions of administrative and legal norms, within the framework of which the following lawfulness is clearly revealed: legal establishment (lawmaking) in its essence serves the purposes of law enforcement (execution). This, in particular, is evidenced by the fact that the current legislation establishes that the normative acts of the subjects of executive power are issued "in pursuance" of laws.

However, the entire set of existing administrative and legal norms is not limited to those that are established directly by the named subjects. Many norms of administrative law are contained in the Constitution of the Russian Federation. They determine the main parameters of state-administrative activity and the administrative relations arising in its process (for example, the constitutional status of an individual, subjects of executive power, etc.). Almost every Russian law contains a lot of administrative and legal norms.

This means that there is a certain hierarchy of administrative and legal norms: constitutional norms, norms of laws and norms, the right to establish which is granted by the current legislation directly to the subjects of executive power (for example, the Government of the Russian Federation). Filled with a single legal content, these legal norms are not equivalent in their legal force.

Usually, the norms of laws do not have a direct effect, representing the most general rules of conduct of a fundamental nature, abstracting from the specific features and conditions of their practical application (execution). Meanwhile, Russia is not a unitary state; its territory is huge, and the territorial features are often very significant. Russia is a multinational state; effective development of territories, national-state formations and individual nationalities is impossible without adjusting certain legal norms. Of course, the legislator himself seeks to take this into account, but in practice the solution of this problem is not his function.

Therefore, the share of administrative and legal norms created by the subjects of executive power falls the main burden of giving certain positions, legislatively enshrined, direct action. In other words, the general norms of the law in the process of their application within the framework of the functioning of the mechanism of executive power and in full accordance with the functional and competence principles of the separation of powers, as a rule, need to be mediated by the norms of administrative (however, not only!) Law. State-legal reality clearly confirms the viability of a similar mechanism, worked out by many years of practice, of the correlation of administrative and legal norms contained in legislative acts and established by the subjects of executive power (for example, the mechanism for enforcing Russian legislation on privatization, the fight against monopoly, on the protection of the natural environment etc.).

Thus, conditions are needed that do not allow an excessive expansion of the scope of administrative rule-making. On the other hand, the conditions are just as necessary, allowing this type of legal activity to develop within the strict framework of legality and state discipline.

Administrative and legal norms, however, cannot be reduced to purely "apparatus" norms. The role of these norms is much more diverse, which directly follows from the essence and purpose of state management activities as a form of practical implementation of executive power. Accordingly, the management apparatus "lives" not only and not so much by the interests of its own being. He is daily connected both with lower levels, and with all other parties acting in the field of public administration, or one way or another affecting its interests. In the first case, we mean various kinds of state-owned entities (enterprises, corporations, institutions, etc.), and in the second, non-state entities of a political, socio-cultural, commercial type, and also, which is especially important to emphasize, citizens.

Consequently, the regulatory impact of administrative and legal norms is very large. This is their universality, how universal (in terms of scale) is the very activity of implementing the tasks and functions of the executive branch.

In this case, of course, one must bear in mind that administrative and legal norms do not regulate relations between citizens.

Types of administrative and legal norms.

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

There are various criteria for their classification. The most general character is the allocation of two main types of these norms: material and procedural.

Material administrative-legal norms are characterized by the fact that they legally establish a set of duties and rights, as well as the responsibility of participants in administrative relations regulated by administrative law, i.e. in fact, their administrative and legal status. The material norms express the legal regime within which the system of executive power (public administration) should function, participants in regulated management relations should act.

Procedural administrative and legal norms regulate the dynamics of public administration and related management relations.

In accordance with the ideas about the process and procedural activity that have developed in legal theory and practice, attention should be focused mainly on their legal essence, as is the case, for example, in relation to criminal and civil procedure.

On this basis, it is possible to single out the administrative and jurisdictional norms governing the procedure for the consideration and resolution of various types of administrative and legal disputes, mainly in an out-of-court form. This refers to the implementation of administrative jurisdiction, i.e. powers belonging to the relevant management bodies (officials) to independently assess the behavior of individuals or organizations and to apply, if necessary, the established measures of an administrative-coercive nature (for example, proceedings on cases of administrative offenses).

There is, therefore, a law enforcement aspect of administrative jurisdictional rules. But management activity is not limited to jurisdictional activity. These are also legal proceedings. Due to this, the administrative procedural norms regulating many positive aspects of daily management activities, primarily the practical work of the management apparatus, can be distinguished into a special group - administrative procedural norms. These are, for example, the norms contained in the Rules of Procedure of Government meetings approved by the Government of the Russian Federation on January 28, 1993, which determines the basis for the formation of their plan, the procedure for their preparation and conduct, and the formalization of decisions taken. Zagainova S.K., Sheremetova G.S., Yarkov V.V. Expert group "Modern directions of development of the system of civil jurisdiction" // Russian legal journal. 2010. N 5.P. 19 - 25.

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

The classification of administrative-legal norms depending on their specific legal content is of great importance. It is based on one or another version of the method of administrative-legal regulation of managerial social relations. From these positions, the following types of administrative and legal norms are distinguished:

a) binding, i.e. prescribing to perform certain actions under the conditions stipulated by this standard. The decrees contained in such norms can be expressed as a mandatory prescription;

b) prohibiting, i.e. providing for a ban on the performance of certain actions in the conditions determined by this rule. Prohibitions can be general or specific;

c) authorizing (authorizing) or permissible (dispositive) norms. What unites these norms, various in their name, is that they express the possibility of the addressee, provided for by the administrative-legal norm, to act within the framework of the requirements of this norm at his own discretion;

c) stimulating (incentive) norms ensure, with the help of appropriate means of material or moral influence, the proper behavior of participants in regulated managerial social relations. The proportion of this kind of administrative and legal norms tends to increase;

d) recommendatory norms. Their nature is distinguished by its originality, because the recommendations, as a rule, do not have a legally binding character. Therefore, they are most often used in the relationship between the subjects of the executive branch and non-state formations. Administrative law: textbook / BV. Rossinsky, Yu.N. Starilov. - 4th ed., Revision. and add. M .: Norma, 2009.S. 71-83.

Administrative and legal norms are classified according to other criteria. So, according to the addressee, the norms that regulate:

a) the organization and operation of the executive power mechanism, i.e. various parts of the state administration apparatus;

b) the administrative and legal status of civil servants - employees of the management apparatus;

c) key issues of organization and activities of both state enterprises and institutions;

d) the administrative and legal status of public associations;

e) certain aspects of the functioning of various kinds of commercial structures, including private ones;

f) the administrative and legal status of citizens,

Taking into account the federal structure of Russia, administrative legal norms are subdivided by their scale into general 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 and legal norms can be general, intersectoral, sectoral and local. Finally, administrative and legal norms can be either intrasystemic (their legal force extends to the lower levels of the executive power mechanism), or generally binding. In the latter case, their action covers all types of participants in regulated management relations.

The difference between administrative and legal norms from the norms of civil and criminal law is that the administrative legal norms:

1. They are applied in the field of public administration.

3. The absence of specific sanctions in the overwhelming majority of norms, norms are of a recommendatory nature.

Conclusion

The subject of administrative and legal regulation is specific types of social relations.

The subject of administrative and legal regulation is social relations, which are the object of the influence of law. Therefore, these relations must meet certain requirements:

Be stable and characterized by the repetition of events and actions of people;

Have the ability to comprehend legal requirements;

Allow the possibility of legal control over them;

A certain social community (state) should be interested in their legal regulation.

The structure of the subject of administrative and legal regulation consists of the following elements:

a) subjects of social relations;

c) objects of social relations (objects of the objective world with which the behavior of people is connected);

d) social facts (various events and life circumstances).

The method of administrative and legal regulation is a set of means and techniques with the help of which the state regulates social relations.

Factors that determine the content of the method:

a) general mutual position of subjects (equal - subject);

b) the procedure for the emergence of rights and obligations (from a law, contract, act of application of law);

c) the degree of certainty of the granted rights;

d) ways to ensure the rights and obligations of subjects (criminal punishment, material liability, etc.)

The subject and method of administrative and legal regulation are the material and legal criteria for dividing the law into branches. Each industry is characterized by the subject of regulation and the most typical methods for it. Thus, it is generally accepted that civil law regulates property and personal non-property relations related to them, based on equality, autonomy of will and property independence of their participants (part 1 of article 2 of the Civil Code of the Russian Federation). At the same time, civil law also uses an imperative method, for example, when restricting the principle of freedom of contract in the public interest of the provisions of the Civil Code of the Russian Federation.

This is due to the fact that the freedom of a contract in general and the freedom to conclude a specific contract cannot be absolute, because a person living in a society cannot be absolutely free. He must abide by the rules of this society, according to which the freedom of one should not violate the freedom of another. Man alienates his freedom, as Rousseau wrote, for the good of living in society. Lawlessness in contract law would inevitably lead to abuses of rights, to anarchy in the economy, and ultimately to the undermining of statehood.

Therefore, the law establishes the limits of the free expression of the will of participants in civil turnover who wish to enter into contractual relations with each other. It should be assumed that the basis for state intervention in the regulation of contractual relations may be the provisions of Part 2, Clause 2, Article 1 of the Civil Code of the Russian Federation, namely: the need to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the country's defense and state security.

At the same time, establishing the framework of permissible behavior of participants in contractual legal relations, the state must limit its arbitrary interference in private affairs in order to avoid a return to the previously existing command and control methods of managing the economy.

The issue of the subject and methods of administrative and legal regulation is currently especially relevant, since, firstly, the departure from the administrative command system implies a revision of the methods of influencing the subjects of legal relations; secondly, building a legal, democratic society with a social market economy presupposes a rather complex mechanism for balancing public and private interests; and thirdly, there is a process of formation of new branches of Russian law (tax, municipal, etc.). It seems that it is necessary, taking into account the specifics of entrepreneurial relations, to separate entrepreneurial law from the sub-branch of civil law into a special branch.

List of used literature

1.Code of the Russian Federation on Administrative Offenses (COAP RF) dated 30.12.2001 N 195-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on 20.12.2001) Consultant Plus

2. Administrative law: textbook / BV. Rossinsky, Yu.N. Starilov. - 4th ed., Revision. and add. M .: Norma, 2009.S. 71-83.

3. Public administration: fundamentals of theory and organization: textbook / under. ed. V.A. Kozbanenko. M .: Stout, 2000.S. 437.

4. Denisov S.A. The preemptive right to conclude an agreement as an institution that establishes the limits of freedom to conclude an agreement Legislation ". 1997. N 2. S. 34.

5. Zagainova S.K., Sheremetova G. S., Yarkov V.V. Expert group "Modern directions of development of the system of civil jurisdiction" Russian legal journal. 2010. N 5.P. 19 - 25.

6. Kozlov Yu.M. Ovsyanko D.M., Popov L.L. Administrative law: textbook / Ed. L.L. Popov. M .: Jurist, 2005.S. 58.

7. Kulapov V.L. Foundations of the theory of state and law: Methodological recommendations for repetition of the course. Saratov: SGAP. 1999.S. 64.

8. Tikhomirov Yu.A. Administrative Law and Process: A Complete Course. M., 2005.359 s.

9. Starilov Yu.N. Administrative law: at 2 o'clock. Part 1: History. The science. Thing. Norms. Voronezh: Voronezh State University Publishing House, 1998. P. 372.

10. Starilov Yu.N. On the essence and the new system of administrative law: some results of the discussion // State and Law. 2000. No. 5.P. 16.

11. Tikhomirov Yu.A. Administrative Law and Process: A Complete Course. M., 2005.359 s.

1. Administrative legal relations are characterized by a wide variety, depending on the nature and types of management activities, its participants, on what functions of public administration are implemented, on the goals set for the executive authorities (local administration), etc.

Initially, two groups of administrative legal relations are distinguished:

a) relations that directly express the basic formula of control action (subject-object), in which the imperious nature of state-administrative activity is clearly manifested, they can be designated as power relations; sometimes they are referred to as basic;

b) relations that develop outside the framework of direct control action on a particular object, but organically related to its implementation; characterized as non-basic legal relations;

The first of the named express the essence of control, the second are associated with this essence, but do not directly express it. The former include relations between higher and lower levels of the mechanism of executive power, between officials-leaders and subordinate employees of the administrative and managerial apparatus, between executive bodies (officials) and citizens bearing certain administrative and legal duties, etc. ...

The second group is characterized by the fact that such relations, although they arise directly in the sphere of public administration, do not pursue the goal of the direct control action of the subject on the controlled object. For example, the relationship between two parties operating in the field of public administration, but not related to each other by subordination. So two ministries can enter into relations related to the need to prepare a joint legal act or agree on mutual management issues, etc.

Subordinate and coordinating administrative and legal relations are also distinguished. Subordinate relations are those that are built on the authoritarianism (power) of the legal expression of the will of the subject of management. Coordination ties are those in which the named authoritarianism is absent.

Coordination is included in the list of the main manifestations of public administration activities, i.e. actually coincides with its legally powerful manifestations. For example, the Ministry of Nature of the Russian Federation coordinates the activities of ministries and departments on environmental protection, and the decisions taken by this body are binding on other executive bodies of the Russian Federation.

The most significant interest is the classification of administrative-legal relations according to the legal nature of the interaction of their participants. Thus, vertical and horizontal legal relations are distinguished.

Legal relations are recognized as vertical, which express the essence of administrative and legal regulation and subordinate relations between the subject and the object of management typical for state management activities. They often arise between subordinate parties. The authoritative party is the corresponding subject of executive power (executive body, government body).

Horizontal administrative-legal relations are those in which the parties are actually and legally equal. They lack the juridical and authoritative decrees of one side, binding on the other. Such relations in the sphere of public administration are rather rare, in comparison with vertical ones. The actions of several bodies for the preparation and publication of a joint decision, agreements (administrative contracts) between them on organizational issues can serve as varieties of such relations.

According to the composition of the participants, the legal relationship is divided into intra-hardware and out-of-hardware. In intra-apparatus relations, the relevant legal norms establish the system of executive authorities, the organization of service in them, the competence of bodies and employees, their relationships, forms and methods of intra-apparatus work in state bodies.

This kind of managerial relationship expresses the interests of self-organization of the entire system of executive power from top to bottom, as well as each of its links.

The parties to them are subordinate executive bodies and their structural divisions, as well as officials.

This also includes the relations between the executive authorities and their subordinate organizations, as well as the relations between the administrations of organizations whose activities are regulated by administrative law (military units, universities, etc.) with their employees, students, etc.

In the second case, there are relations associated with a direct impact on objects that are not included in the system (mechanism) of the executive power (for example, on citizens, on public associations, commercial structures, including private ones).

In principle, these are relations for the management of state enterprises and institutions, since they are not subjects of executive power.

The second side of this kind of relationship actually acts as a "third person".

a). According to the Regulations on the Federal Migration Service (approved by Decree of the President of the Russian Federation of July 19, 2004 N 928), the FMS of Russia is headed by the Director of the Federal Migration Service (hereinafter referred to as the Director), appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation ... The director submits (submits) to the Minister of Internal Affairs of the Russian Federation proposals on the appointment and dismissal of deputy directors, as well as on the appointment and dismissal from office, the replacement of which is provided for by persons of the highest commanding staff of the internal affairs bodies of the Russian Federation.

Resolution of the Government of the Russian Federation of June 30, 2004 N 325, Moscow On the approval of the Regulation on the Federal Agency for Healthcare and Social Development establishes that the Head of the Federal Agency for Healthcare and Social Development has deputies appointed and dismissed by the Minister of Health and social development of the Russian Federation as advised by the head of the Agency.

b). According to Government Decree No. 459 of July 26, 2006 On the Federal Customs Service, the Federal Customs Service is headed by a head appointed and dismissed by the Government of the Russian Federation.

Resolution of the Government of the Russian Federation of June 30, 2004 N 329 "On the Ministry of Finance of the Russian Federation" establishes that the Ministry of Finance of the Russian Federation is headed by a Minister appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. The Minister has deputies appointed and dismissed by the Government of the Russian Federation.

v). According to the Decree of the Government of the Russian Federation of December 21, 2000 N 990 "On Approval of the Regulations on the Ministry of Economic Development and Trade of the Russian Federation", the Minister approves the regulations on the structural divisions of the central office of the Ministry, as well as, in the prescribed manner, the statutes (regulations) of the organizations under the jurisdiction of the Ministry, concludes, in accordance with the legislation of the Russian Federation, contracts with the heads of these organizations, and also appoints and dismisses employees of the central office of the Ministry, deputy heads of representative offices of the Russian Federation on trade and economic issues in foreign countries, other employees of the foreign office of the Ministry, authorized , heads of departments of the State Trade Inspection, rectors of higher and directors of secondary specialized educational institutions and courses under the jurisdiction of the Ministry, as well as in agreement with the Ministry of Foreign Affairs Of the Russian Federation - heads and deputy heads of trade and economic departments of the embassies of the Russian Federation in foreign countries.

G). The Minister of Justice of the Russian Federation, in accordance with the Regulations on the Ministry of Justice of the Russian Federation, approved by Decree of the President of the Russian Federation of 13.10.2004 No. 1313, submits, in the prescribed manner, to the Government of the Russian Federation for submission to the President of the Russian Federation, draft provisions on federal services subordinate to the Ministry of Justice of Russia, proposals on the maximum number of these services and their territorial bodies, as well as the wage fund of their employees. Therefore, the minister had no right to issue an order, but only had to make a presentation to the Government of the Russian Federation.

e). The regulation on the regional department for civil defense, prevention and elimination of emergency situations is developed and approved by the Main Directorate for Civil Defense, Prevention and Elimination of Emergencies in the Chelyabinsk Region. The Governor can approve the work plan for a certain period of the Main Directorate.

The mechanism of administrative and legal regulation

In the most general way, the mechanism of legal regulation can be defined as a unified system of legal means by means of which an effective legal impact on social relations is ensured. Due to this quality, the mechanism of legal regulation gives a clear idea of how exactly the legal mediation of social relations is carried out. The system of administrative and legal regulation includes the following elements: administrative and legal norms; application of the rules of administrative law; administrative and legal relations.

Professor A.P. Korenev under mechanism of administrative and legal regulation reasonably proposes to understand the system of administrative and legal means, which, influencing public relations, organize them in accordance with the tasks of management. Structurally, this mechanism consists of the following five elements.

1. The system of state (and municipal) bodies as governing links, created taking into account the administrative-territorial structure of the state in accordance with the legislation of the Russian Federation.

2. Norms of administrative law and its principles. Under rule of administrative law should be understood as a rule of conduct of a general nature, established or sanctioned by the state, which is generally binding, endowing subjects with legal rights and obligations, regulating public relations in the field of public administration and, in case of violation, providing for the application of administrative responsibility.

3. Acts of Interpretation of the Norms of Administrative Law, which are understood as acts of the competent state bodies, through which the official explanation of the actual content of the rules of administrative law is carried out.

They contribute to the implementation of subjective legal rights and obligations, their actual implementation. A distinction is made between normative and casual interpretation.

Normative Interpretation rules of administrative law - this is an official clarification, which is mandatory for all persons and bodies applying a rule or group of rules of administrative law.

Casual interpretation is given in connection with the consideration of a specific legal case. It is subdivided into administrative - carried out by the executive authorities; judicial - carried out by the judicial authorities.

4. Acts of application of the norms of administrative law, which represent an official legal document containing an individual state authority order of the competent authority, which is issued as a result of the resolution of a specific legal case.

The act of application is a means of individualizing rights, obligations and measures of legal responsibility. Its features are: it contains the will of the state; the presence of an imperious character; protected by the coercive power of the state; in form, it is an individual legal act, since it carries out individual legal regulation of social relations; must be issued on the basis of and in pursuance of the law within the framework of the powers available to the official or public authority; is issued in the prescribed form (decree, decree, decision, order, directive, instruction, etc.). Acts of application are issued by representative, executive and judicial bodies of state power. They can be regulatory or protective.

5. Administrative and legal relations are the last element of the mechanism of administrative and legal regulation. They are the result of administrative and legal impact on public relations and allow individualizing the provisions of a certain specific norm of administrative law.

Administrative and legal regulation is of a state-power public nature. Therefore, the implementation of administrative-legal norms, the operation of the mechanism of administrative-legal regulation is guaranteed, if necessary, by means of state coercion. The vast majority of participants in administrative and legal relations voluntarily comply with the rules of conduct in society established by the state or on its behalf.

The mechanism of administrative and legal regulation- a set of administrative and legal means, which, acting on management relations, organize them in accordance with the tasks of society and the state.

general characteristics

is a collection of legal means;
the funds are of an administrative and legal nature;
the object of influence is management relations;
aimed at solving the problems of society and the state;
activates the subjects of management relations;
raises the level of their legal awareness, legal culture;
provided by the coercive power of the state.

The elements mechanism

1) principles of administrative law;
2) administrative and legal norms;
3) acts of official interpretation of administrative and legal norms;
4) acts of application of administrative and legal norms;
5) administrative and legal relations.

Stages and methods of administrative and legal regulation

Stages administrative and legal regulation:

regulation of management relations (publication of normative legal acts containing norms of administrative law);
the emergence of subjective rights and legal obligations;
concretization of subjective rights and legal obligations;
implementation of subjective rights and legal obligations;
protection of subjective rights and ensuring legal obligations in case of violation of rights and freedoms in the field of management, in the presence of a dispute in law.

There are the following ways administrative and legal regulation:

1) imperative(categorical, imperious) - a method of influence that does not allow deviations from the requirements of legal regulations;
2) dispositive(autonomous) - a method of influence that provides the subjects of managerial relations with the opportunity to regulate relations among themselves within the limits determined by law;
3) advisory - a method of influence that offers the subjects of management relations the most appropriate option for behavior from the standpoint of the current legislation;
4) encouraging- a method of influence that stimulates the active behavior of participants in management relations by promising and applying incentives for a certain option of behavior in the presence of an objectively recognized fact of merit.

Principles of Administrative Law

Fundamental ideas, guiding principles underlying administrative law and expressing its essence, constitute principles of administrative law, which:

determine the legal nature of administrative law;
are fixed in administrative and legal norms;
are a guideline for the legislator when creating new norms of administrative law;
act as a means of closing gaps in administrative law;
determined by the level of development of society and the state.

The principles of administrative law include the following.

1. The principle of democracy (democracy). It finds its manifestation in the field of lawmaking and law enforcement. In law-making activities, it manifests itself in the wide possibility of participation of the population, public associations in the direct (referendum) and indirect (through the elected bodies of state power and local self-government) formation of the norms of administrative law. In law enforcement activities, it manifests itself in the degree of control and subordination, as well as the openness of law enforcement bodies for public control.
2. The principle of legality. The subjects of managerial relations must accurately and strictly observe and comply with the norms of the Constitution, laws and by-laws based on them, as well as the principle of compliance of normative legal acts with the Constitution with generally recognized principles and norms of international law and international treaties of the Russian Federation.
3. The principle of mutual responsibility of the state and the individual. It consists in the fact that for violation of the norms of administrative law, a person must undergo legal restrictions in connection with the application of measures of legal responsibility and other measures of state coercion; if such violations are committed by the state, its bodies (officials) are also brought to legal responsibility.
4. The principle of federalism. It manifests itself in the normative consolidation of the subjects of jurisdiction and competence of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, in the establishment of the subject of joint jurisdiction.
5. The principle of humanism. It consists in the legal recognition of the priority of public values. Human rights and freedoms, the degree of their consolidation and provision are a criterion for assessing the quality of management relations.
6. The principle of justice. The requirement of correspondence between the behavior of the subject of management relations and the consequences that follow.
7. The principle of equality of citizens before the law and law enforcement. All citizens in the field of governance, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances, are equal before the law and the subjects of law enforcement. Any form of restriction of the rights of citizens on the basis of social, racial, national, linguistic or religious affiliation is prohibited.

There are two ways to consolidate the principles of administrative law in legislation: textual, which is enshrined in a specific article of a regulatory legal act, and semantic - is isolated from the analysis of the content of a regulatory legal act. The meaning of the principles of administrative law is as follows:

1) they reveal the essence of administrative law;
2) are guidelines for the subjects of law-making activity;
3) act as a means of overcoming gaps in the law;
4) are a means of increasing the efficiency of the implementation of the norms of administrative law.

The regulation of public relations in the field of public administration, as well as management relations arising in other areas of public relations, requires the use of certain means by which the organization of relations is ensured in accordance with the tasks facing society and the state. The most significant role in the regulation of these relations is played by administrative and legal means, which is due to their potential, the ability to effectively influence management relations. These funds in their totality form a complex mechanism.

The mechanism of administrative and legal regulation- This is a system of administrative and legal means that, influencing management relations, organize them in accordance with the tasks of society and the state.

The mechanism of administrative and legal regulation is one of the complex social and legal phenomena and therefore has an internal structure (organization). An analysis of the current administrative legal legislation and the practice of the activities of public administration entities allows us to single out the following elements of the mechanism of administrative and legal regulation:

- principles of administrative law;

- administrative and legal norms;

- acts of official interpretation of the norms of administrative law;

- acts of application of the norms of administrative law;

- administrative and legal relations.

In the administrative-legal literature, there is no unity of views on the problem of the validity of the existence of the mechanism of administrative-legal regulation. So, according to Yu.N. Starilov, it is necessary to overcome the "technicality" of the terminology used to characterize administrative and legal phenomena, and therefore it is more expedient to talk about the system of administrative and legal regulation. We believe that the use of the term “mechanism” when characterizing the system of administrative and legal regulation gives an adequate description of this phenomenon and allows us to focus on the existing stable links within the mechanism, their stability and interdependence.

Each separately taken element of the mechanism carries a certain meaningful load within the framework of the mechanism and plays a certain role in the regulation of managerial relations. These means interact with each other and enter into the regulation of managerial relations in a certain order, which is due to their internal content, the ability to organize social relations, to give them a higher degree of orderliness. This feature of the mechanism allowed A.P. Korenev make an important methodological conclusion that administrative and legal regulation is a process of consistent administrative and legal means to achieve the goals of regulating the behavior of participants in public relations.

Administrative and legal regulation is a complex process that goes through several stages. Initially, public relations are regulated through the principles of administrative law and administrative legal norms, which establish (consolidate) the range of those public relations that must be regulated through the norms of administrative law, determines the subjects of administrative law, their subjective rights, freedoms and legal obligations. The second stage consists in the implementation of administrative legal norms, whereby managerial relations are transformed into administrative-legal relations.

Elements of the mechanism of administrative and legal regulation play a different role. The central element is the norm of administrative law, since all other elements are derived and determined by administrative and legal norms. At the same time, it is impossible to reduce their role to a secondary one in relation to administrative-legal norms due to the fact that without their use the mechanism is not fully able to effectively influence the participants in management relations.

An essential role in the regulation of management relations is played by the principles of administrative law. The principles of administrative law play an independent role in the regulation of management relations.

Principles of Administrative Law- these are the fundamental ideas, guiding principles underlying administrative law and expressing its essence.

The principles of administrative law are characterized by the following features:

- determine the legal nature of administrative law;

- establish the most important regularities in the system of organization and functioning of executive power and management;

- are fixed by means of administrative and legal norms;

- is a reference point for the development of new administrative and legal norms;

- acts as a means of eliminating gaps in administrative law;

- due to the level of development of society and the state.

The principles of administrative law can be varied in their content, which requires their classification. Taking into account the system of administrative law, they can be subdivided into sectoral ones, which are inherent in administrative law as a branch of Russian law and the principles of individual administrative and legal institutions.

In the administrative-legal literature, questions of the principles of administrative law received fragmentary coverage. A.P. Korenev identifies the following principles of administrative law: democracy of rule-making and implementation of law; equality before the law and law enforcement; mutual responsibility of the state and the individual; federalism; humanism; legality. Yu.N. Starilov suggests considering the constitutional principles of administrative law and the organizational and functional principles of administrative law. Among the first are the following principles: legality; the priority of human and civil rights and freedoms, their direct action and legal protection; the unity of the system of state power, the delimitation of subjects of jurisdiction between the Russian Federation and the constituent entities of the Russian Federation; separation of legislative, executive and judicial powers; ensuring the right of citizens to participate in public administration; management efficiency; equality of citizens before the law; humanism. The second group includes such principles as controllability and accountability of state bodies and civil servants (the principle of vertical subordination in the management system); the unity of the basic requirements for public administration; professionalism and competence of civil servants in the implementation of public administration; publicity in the implementation of public administration; responsibility of state bodies for adopted administrative acts (decisions); the principle of public responsibility for failure to perform or improper performance of their official duties; compulsory consideration of the scientific foundations of the organization of public administration.

The central principle of administrative law is the principle legality... Legality as a principle of administrative law establishes the mode of proper functioning of the public administration system, which consists in exact and strict observance and implementation by all subjects of managerial relations of the regulatory legal acts in force in the territory of the Russian Federation. This principle consists of two independent, but interdependent aspects. The first is to observe the hierarchy of sources of administrative law, when a normative legal act of lesser legal force should not contradict an act of greater legal force. So, in part 1 of Art. 15 of the Constitution of the Russian Federation stipulates that the Constitution of the Russian Federation has supreme legal force, direct effect and is applied throughout the territory of the Russian Federation. Laws and other legal acts applied in the Russian Federation must not contradict the Constitution of the Russian Federation. The second aspect is the exact and strict observance and fulfillment of the requirements of regulatory legal acts by all participants in management relations. In law enforcement, the named principle assumes that the subjects of managerial relations must, firstly, act within their competence, secondly, be guided by the current legislation, thirdly, carry out activities in certain procedural forms, and fourthly, require compliance with legal norms from other participants in management relations.

Principle democracy law-making and law-implementing activity consolidates broad opportunities for the participation of the country's population, public associations in direct (referendum) and indirect (through elected government and local government bodies) in the formation of administrative and legal norms. In the process of law enforcement, the principle of democracy presupposes the widespread use of the institution of public control, the delegation of broader law enforcement powers directly to the population. Part 2 of Art. 3 of the Constitution of the Russian Federation stipulates that the people exercise their power directly, as well as through state authorities and local self-government bodies. The implementation of this principle should be carried out not to the detriment of the administration of public administration, since the uncontrolled participation of the population in the management of state affairs can lead to the deprofessionalization of the public service. The institution of democracy is a complex social phenomenon and requires appropriate training of the population. "Limitless" democracy is no less dangerous than its absence or limitation.

Principle humanism expressed in the fact that a person, his rights and freedoms are recognized as the highest value (Art. 2 of the Constitution of the Russian Federation). The state recognizes and ensures the rights and freedoms of man and citizen. The implementation of administrative and legal regulation presupposes the establishment of certain legal restrictions, but they are not an end in themselves, but serve as a necessary condition for achieving socially useful results in the administration of public administration. At the same time, no one has the right to restrict the basic inalienable rights and freedoms (the right to life, honor, dignity, freedom, personal inviolability, etc.).

Humanism manifests itself both in the process of consolidating the legal status of participants in management relations, and in the process of direct administration of public administration. So,

police officers are prohibited from resorting to degrading treatment. When applying measures of administrative coercion, decisions and actions (inaction) that humiliate human dignity are not allowed (part 3 of article 1.6 of the Code of Administrative Offenses of the Russian Federation).

Among the principles of administrative law is the principle legal equality... This principle was already outlined by Roman jurists: "The law speaks to everyone equally" (lex uno ore omnes alloguitur). The essence of this principle is reduced to the following: equality between the subjects of the Russian Federation; equality of citizenship regardless of the grounds for its acquisition; equality of religious and public associations before the law; equality of all before the law and the court, regardless of gender, race, property and official status, beliefs and other circumstances; equal access to public service; equality of the parties in the process of administering justice, etc.

Principle justice or legal proportionality. This principle finds its expression both in law-making and law-enforcement activities. In the field of lawmaking, its essence is reflected in the consolidation in legal prescriptions of such legal measures that would correspond to the nature of the committed act. The adoption of managerial decisions that establish the rights and obligations of participants in managerial relations, incentives and administrative coercion should be fair in form and in essence, that is, all circumstances should be taken into account and should correspond to the degree of the committed act.

This principle reflects one of the main tasks of legal practice. Its implementation is carried out both within the framework of law enforcement, for example, in the course of bringing to administrative responsibility, and the application of incentive measures.

Taking into account the territorial organization of state power in Russia, the principle of federalism... In accordance with clause "k" Part 1 of Art. 72 of the Constitution of the Russian Federation, administrative and administrative procedural legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. The executive authorities of the Russian Federation, on the basis of joint agreements, have the right to transfer a certain amount of their powers to the executive authorities of the constituent entities of the Russian Federation and local self-government bodies, but at the same time the necessary financial and other resources are transferred for the implementation of the transferred powers.

The delimitation of the jurisdiction of the Russian Federation and the constituent entities of the Russian Federation in the field of legislation on administrative offenses is defined in Art. 1.3 Administrative Code of the Russian Federation. This article defines in an exhaustive way only the scope of the powers of the Russian Federation in the field of legislation on administrative offenses. The powers of the constituent entities of the Russian Federation are determined according to the "residual principle", which is predetermined by Art. 73 of the Constitution of the Russian Federation.

In modern conditions, the role of the principle is increasing in every possible way mutual responsibility of the state and the individual... Public administration is, as a rule, an administrative-legal relationship, and this presupposes the existence of mutual rights and obligations of these relations. In the event of a violation of the administrative relations committed by one of the parties, it should be brought to a certain type of legal responsibility. Traditionally, we are talking about the responsibility of the individual to the state. The Constitution of the Russian Federation predetermines the possibility of holding the state accountable in case of violations. “Everyone has the right to compensation by the state for damage caused by illegal actions (or inaction) of public authorities or their officials” (Article 53).

The principles of administrative law can be enshrined in a textual or semantic way. The textual method presupposes the direct consolidation of the legal principle in the administrative legal norm. Taking into account that the sources of administrative law are distinguished by a low degree of systematization of administrative-legal legislation and the absence of a single codified normative legal act, by analogy with the Criminal Code for the branch of criminal law, the principles of administrative law have received semantic consolidation. The principles of individual administrative and legal institutions, for example, the institution of public service, have received textual consolidation.

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Abstract mechanism of administrative and legal regulation. The mechanism of administrative and legal regulation of public relations Concept and elements of administrative legal regulation

Introduction

Question 1. The concept and elements of the mechanism of administrative and legal regulation.

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