LawState and Law

Administrative and legal norms

Administrative and legal norms are an imperious state order (command). They are generally binding and have a structural organization. The implementation of administrative and legal norms provides for the regulation of public interactions of managerial nature. These relations are formed in various spheres of social life.

Administrative and legal norms have a number of features. So, all considered regulations are considered a variety of legal provisions. As a subject of regulation in the application of administrative-legal norms, specific managerial relations appear. The provisions considered represent a means of expressing (realizing) public interests in the field of public administration.

Administrative legal norms are established by authorized state bodies, local government offices, administration of organizations, institutions, enterprises.

The provisions in question are included in the structure of legal acts with different legal force. Such acts include, for example, laws, by-laws.

All administrative and legal norms have a representative-binding character, are provided with special measures on state coercion. The purpose of creating these provisions is to preserve the necessary administrative order. Separate types of administrative law are used to regulate social interactions, which are the subject of other legal sectors (environmental, land, financial, labor, etc.).

The structure of the considered positions is an internal structure, a complex of elements connected logically. The components of the administrative law are:

  1. Hypothesis. This part indicates the conditions, in the formation of which the position (norm) begins to act.
  2. Disposition. This component contains certain rules for the established (proper) behavior of management participants.
  3. Sanction. This element indicates the consequences that occur when the disposition is violated.

Among the main types of administrative law are:

  1. In accordance with the subject of regulation: material and procedural. In the first case, the provisions consolidate the legal status of management relations and directly regulate them. Procedural norms determine the procedure and conditions for the implementation of material provisions.
  2. In accordance with the functions: regulatory, protective. Regulatory norms regulate positive (objective) managerial interactions. The protective provisions are related to the protection of relations.
  3. In accordance with the method of legal regulation: imperative, recommendatory, dispositive, incentive. Imperative norms include categorical prescriptions, requirements associated with a variant of conduct within the scope of management. Dispositional provisions provide for the possibility of choosing a variant of conduct, according to the presented legal alternative. The recommendatory norms provide for the proposal of the most expedient (effective) method of solving a particular problem. The incentive provisions contain incentive measures that apply to participants in interactions in the event that there is any merit in the action.
  4. In accordance with the content of the injunction: prohibiting, binding, empowering. The first contain legal prohibitions on the implementation of certain activities in the field of public administration. Obliging provisions reinforce the responsibilities of the parties to the relationship, prescribe specific options for behavior. The latter group includes norms that fix the subjective rights of the parties to interactions. This expresses the person's ability to carry out activities at his own discretion within the framework of fixed requirements.

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