LawState and Law

Sources of Administrative Law

The system and sources of administrative law reflect a set of interdependent and interrelated administrative and legal rules and norms. They form a special information and legal unity that is designed to ensure regulation in the legal compliance of management relations related to the activities of government bodies, executive authorities, as well as relations related to management activities that are implemented by other state authorities and their servicing apparatus and other entities authorized Law.

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

The general part includes:

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

The special part includes administrative and legal regulation:

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

Sources of administrative law are acts, legal, regulatory, formed in the organs of state administration and state power. Their legal properties may be different. So, acts can be endowed with a higher legal property (laws) or be subordinate (acts of government, for example).

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

Sources of administrative law that have the highest legal status in Russia are: the Constitution of the country, federal laws (on emergency situation, for example), federal laws of a constitutional nature (on the Government of Russia, for example), laws, including basic, subjects in the Russian Federation and Other.

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

The issues of protection of order, local government and other issues are regulated by decisions issued by representative local bodies.

Acts of management, as sources of administrative law, are taken by higher bodies (the Government), municipal, central (departments and ministries), and also by management bodies in the subjects of the Russian Federation. Administrative acts can be adopted only in connection with the regulation of management issues, extending to institutions and enterprises entrusted to the body, without affecting the duties and rights of citizens. From this position, the main regulatory legal acts include codes, charters, rules, regulations, acts not endowed with the named forms.

Statutes, as sources of administrative law, are established and operate in various areas of public administration. According to the law, such acts must be present at enterprises, in educational institutions. The Charter is a document that fixes the structure of the organization and the competence of the bodies that make up it.

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