Inter-branch functions of administrative law: nature and conditions of realization
Journal Title: Адміністративне право і процес - Year 2016, Vol 2, Issue
Abstract
The analysis of modern branch legal scientific sources argues for actualization of theresearches related to the necessity of revision and forming the new conceptual approach to clarification of social role and assignment of the certain field of law in the conditions of forming the democratic, social, legal state. Multifarious nature and peculiarity of administrative law, multiplicity of its functions determine multidimensionality of its functional assignment. With the purpose of more complete and deep understanding of functions of brunch, it is necessary to expose nature, essence and assignment of its inter-branch functions as an element of the functional system of administrative law, among which it is expediently to distinguish predicted, organizational coordinating, synergetic functions. Scientific development of range problems of inter-branch administrative law functions will allow not only to enrich and deepen scientific conception of modern theory of administrative law functions but also will influence on the increase of efficiency of current legislation, will provide its logic and content co-ordination. Effective realization of predicted function of administrative law will promote to the substantial increase of efficiency of the legal adjusting. This function embraces the model-based analysis of development of the pre-arranged actions and analytical conclusions about expedience of their realization because their characteristic signs are: an orientation toward the future, that provides basis for the actions pre-arranged on a prospect; providing of administrative legal analytical prognostication, by realization of the legal planning and programming. Correct prognosis of administrative legal development of certain events and phenomena, and also consequences of administrative decisions are able to optimize both law-making activity and law enforcement in the different fields of law (financial, economic, housing etc.) Organizational co-ordinating function of administrative law, unlike analytical prognostic, is directed to the administrative legal relations that are realized in "real-time mode". The main purpose of the mentioned function is an increase of efficiency of public administration subjects’ activity on the basis of association of their common efforts directed to the elimination (prevention) of duplication of their plenary powers during implementation of professional tasks and functions. In condition of its effective realization it is possible to optimize the public administration subjects’ activity. As "in pure form" for today any brunch of law is not exist, almost in each one there is a place for corresponding administrative legal norms, that creates ground for realization of its synergetic function, especially this deals with those fields of law, where there is lack of own possibilities for the proper adjusting of corresponding areas or spheres of public relations. An administrative law carries out the role of "cementing substance", that provides necessary relations and co-operation between the norms of the different fields of law, that function in legal mode determined by it. Effective realization of synergetic function will allow to improve substantially the quality of legal adjusting of public relations arising in the different spheres of public life.
Authors and Affiliations
Y. Pyrozhkova
Keywords
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