Административное (государственное, management law is one of the basic branches of government. Therefore, its functioning should be based on clearly defined rules that correspond to the norms of legitimacy, whose name is “principles of administrative law”. In this regard, it is important to clearly know what the basic principles of management law imply and the functions it is intended to perform.
Principles and functions of administrative law.
The very concept of the function of law implies a certain sphere of relations that it regulates. In administrative law, scientists distinguish the following four types:
one.law enforcement - management law is essentially a “conductor” of ideas and decrees of the legislative branch. This function provides the industry with the authority to introduce new standards and / or changes in legislation to everyday legal and public practice;
2. constitutional - for the implementation of the first function, the subjects of this right are obliged to adopt and execute the relevant by-laws;
3managerial (it’s organizational) - aimed at forming a certain vertical and horizontal state power. For example, subjects of state law determine what the composition of a ministry or local government body should be. By the way, the coordinating function, which some jurists distinguish as an independent one, can also be assigned here. It consists in ensuring interaction among public authorities;
4. law enforcement - ensuring the rule of law against violations. This function is more fully disclosed in the so-called. "Administrative process".
To exercise the functions of state law,legal science has developed, and subsequently the law-making body established, a whole set of rules, called “principles of administrative law”. Theoretically, they are divided into 2 categories: general legal and specialized. Group I is justly referred to as “the separation of powers”, the principle of legality, “transparency” (it is public), as well as equality of all before the law and others enshrined in the Constitution of the state.
Specialized principles of administrative law include the following:
one.principle of responsibility - in this case, it is not only about responsibility for administrative offenses, but also about the strict adherence by public officials to the norms of state law and about the inevitable punishment for its deliberate non-execution;
2the principle of unity of administrative regulation - means that the state law, which is based on the imperative method of management, should implement a single legitimate approach to the regulation of public-state relations
Thus, the conclusion that the principlesand the functions of administrative law are aimed at addressing the functioning of the state and ensuring the legitimacy of actions taken. In the case when they are ignored, the provisions on the administrative process, which has its specific basis of action, come into force.
Principles of the administrative process.
Drawing an analogy with the principles of the material part of the considered branch of law, the process has its own basic rules, which are divided into two categories: general procedural and specific.
The following should be attributed to general procedural -the right to defense, equality before the law, objectivity, the presumption of innocence, proportionality and publicity. But the specific principles of the administrative process contain special rules that are characteristic only of state law:
1. legality and validity - the process is initiated only on the basis of state law;
2. sovereignty - based on the principle of separation of powers and states that representatives of other branches of power are not entitled to influence the implementation of this type of process;
3. ensuring public interests - in this case, society and its interests take precedence over the individual. The principle is controversial;
four.efficiency and cost-effectiveness - in view of the fact that administrative offenses cause less harm to society as a whole than criminal ones, their consideration takes place in a “simplified procedure”. But at the same time, the principles of legal proceedings, enshrined in the main law of the country, should be recognized as priorities.
Summarizing the above, we can say thatThe principles of administrative law are a special category of basic rules of conduct that incorporate both national values and specific principles of the functioning of public administration bodies.
