Administrative rule: modern view on the concept and features
Journal Title: Правові новели - Year 2018, Vol 5, Issue
Abstract
In the article, on the basis of a generalized analysis of scientific and publicistic sources, the concept and characteristic features of the norms of administrative law are defined. The author, in particular, notes that they (the norms of administrative law) are the initial, primary elements of the administrative law system; are aimed at the legal regulation of those social relations that constitute the subject of administrative law (for example, those that arise in different spheres of public administration concerning the realization and maintenance of individual rights and freedoms, as well as those that arise within the internal activities of public administration bodies); the purpose of these norms is to provide conditions for the realization and protection of the rights and freedoms of the individual in the public sphere, as well as ensuring the organization and orderliness of the actions of the subjects of public administration; The overwhelming majority of the norms of administrative law are imperative, but at the same time, a significant number of administrative and legal norms have a dispositive nature, which consists in granting the right to act to the subject who is not vested with power and administrative authority of his choice; the mandatory nature of the norms of administrative law comes from the level of perception of norms by the subjects of law or their majority (psychologically mentally setting the addressees and bearers of the administrative-legal norm), while the fulfillment of norms is guaranteed by means of a system of certain means (including state-forced ones).
Authors and Affiliations
А. Ю. Кондратьєв
Keywords
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