Essence of executive power as a key category of administrative law
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The article analyzes the main approaches to understanding the content and essence of executive power as a key category of administrative law. Power as a complex social and legal phenomenon has existed since the creation of society and is characterized by a real ability to manage the actions of people, coordinating conflicting individual or group interests, subjugating them to one will, through persuasion or coercion. It was emphasized that the issue of the content of executive power is one of the most important issues of administrative-legal science. The purpose of this article is to consider issues relating to the clarification of the essence of the executive branch, which, in contrast to other branches of government, the activity aimed a ten forcing the laws and their implementation, as well as fulfilling its main task, which is the management of social and economic processes of society, guided by the legislative acts. Executive power is a kind of power of social and political, but not identical to them, because it has it sown specific features. The sphere of action of political power is the whole complex of relations taking place with in the framework of the political system. The sphere of state-power influenceis the relations as sociated with the realization of the interests of the state it self as an independent subject of the political system of society. The se are as are interconnected and interdependent. The state, on the one hand, relies on political institutions to realize its goals, on the other hand, using the mechanisms of legal regulation, establishes the boundaries and directions of their activities. The special characteristics of this branch of government reflect the state of statehood at a particular moment in general, allow us to assess the potential and prospects of state-legal methods for solving social problems. The executive branch occupies a special place among the branches of state power. Indeed, it is in the process of its realization that real implementation of laws and other normative acts of the state, the practical application of all levers of state regulation and management of important processes of social development takes place. In Ukraine, executive power is implemented by executive authorities, which form a system of executive authorities with such features as the unity of purpose, functional self-sufficiency, hierarchy of organization, subordination of ties between structural levels, etc. It is indicated that the executive power is a subsystem (branch) of state power, which is intended to carry out executive and administrative activities for the purpose of management in certain spheres (subjects) of jurisdiction, through the exercise of state authority powers and means of public and, mainly, administrative law.
Authors and Affiliations
Н. П. Бортник, О. В. Тильчик, О. С. Дніпров
Keywords
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