Problems of administrative law in the system of public administration

Abstract

Purpose The relevance of the work is determined by the fact that administrative law appears as one of the significant factors influencing the development of both the public administration system as a whole and the processes of its reform that the Russian Federation has faced today. The authors show that if the relations of state administration are the subject of the administrative law’s influence (after all, it is they who are influenced by administrative and legal norms), then we are faced with an extremely important question regarding the character and specificity of the relationship between administrative and legal relations and relations of state management, on the one hand, and analysis of the concept of administrative and legal regulation of public administration relations on the other. This goal is important, given that the authors substantiate the relationship between administrative law and public administration through identifying the possibilities of regulatory influence on the part of administrative law on public administration relations. Design/methodology/approach Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. Findings So, having analyzed the above approaches and positions of scientists regarding the subject of administrative law, the authors believe that it can include any managerial activity of the state authority and local government bodies that does not directly concern the subject matter of another branch of law; is realized with the help of the executive-administrative mechanism (in this case the author does not consider the executive-administrative mechanism as an exclusive prerogative or a unique feature of the executive authorities, although, of course, he agrees that it is the most typical and characteristic feature for them); is realized within the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) to ensure its proper functioning (internal management relations); is implemented outside the framework of a certain state authority, local government or non-governmental organization (in case of delegating state powers to it) and is directed to other (external) with respect to the relevant body or organization of entities (external organizational management relations); and is largely characterized by relative constancy and immediacy of implementation relative to the management object. Originality/value Prospects for the further development of the study are the formation of an understanding that government is not limited to administrative law, but it cannot be denied that the regulatory impact of law in public administration is decisive, and therefore public administration is largely a state-legal category, although it is not limited to this. At the same time, indistinctness and uncertainty about different ways of understanding public administration often generate negative effects both at the general scientific level and at a purely practical level (when it comes to the exercise of administrative powers by certain state authorities).