Science of Administrative Law in the Russian Federation: state and prospects of development

 
PIIS013207690009947-3-1
DOI10.31857/S013207690009947-3
Publication type Article
Status Published
Authors
Occupation: Head of the sector of Administrative Law and administrative process, chief researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 6
Pages165-170
Abstract

The author states, that in the Russian Federation, many paradigms of law need to be rethought and modernized. This fully applies to the doctrine of Administrative Law. Based on the arguments presented in the article, the subject of Administrative Law becomes capacious and goes beyond the limits of state administration only. The author, developing the service approach in relation to the state, draws attention to the fact that this idea is not new. It can also be found in the libertarian theory of law developed by Soviet and Russian jurist V.S. Nersesyants. With this approach, the author notes, that the subject of Administrative Law is an organically linked Quadriga of legal relations: first, legal relations arising in the sphere of implementation of the managerial function of public administration, ensuring the progressive socio-economic development of the state; second, legal relations in the field of public order protection and security of the individual, society and the state as a whole; third, legal relations arising in the sphere of public services (reordination relations), which arise on the initiative of an ordinary citizen and are directed towards the authorities; fourth, legal relations arising on the initiative of the applicant on the restoration of violated by unlawful actions of state administration officials the rights and freedoms of citizens.

Keywordslaw, law enforcement, science, paradigm, jurisprudence, Administrative Law, subject of Administrative Law, libertarian theory of law, service relations, Quadriga of legal relations
AcknowledgmentThe article was prepared in the framework of research of the Institute of State and Law of the Russian Academy of Sciences No. 0157-2019-0010 "Modern forms and methods of administrative regulation of economic activity in the Russian Federation (legal research)".
Received28.02.2020
Publication date23.06.2020
Number of characters21818
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1. Administrative Law: Textbook / ed. by S.A. Starostin. M., 2010 (in Russ.).

2. Administrative Law and process: complete course. M., 2005 (in Russ.).

3. Administrative Law of Russia: course of lectures / ed. by N. Yu. Khamaneva. M., 2008 (in Russ.).

4. Agapov A.B. Administrative Law: Textbook for universities. M., 2006 (in Russ.).

5. Atamanchuk G.V. Theory of public administration. M., 2004. P. 62 (in Russ.).

6. Belsky K.S. B.M. Lazarev (1930 - 1995). Brief essay on the scientist // State and Law. 1996. No. 9. P. 153 - 158 (in Russ.).

7. Voronov A.M. Administrative tools in the Russian Federation (a philosophical framework) // State and Law. 2019. No. 12. P. 39–45 (in Russ.).

8. Voronov A.M. Legal regulation of public administration // Administrative Law and process. 2018. No. 4. P. 38–43 (in Russ.).

9. Voronov A.M. Administrative Law of the modern Russia // Administrative Law and process. 2017. No. 8. P. 6–12 (in Russ.).

10. Voronov A.M. Administrative Law of the modern Russia. URL: http://отрасли-права.рф/articles/page/12, 31.01.2018 (in Russ.).

11. Voronov A.M. Legal doctrine of modern Russia: problems and prospects // Legal science in China and Russia. 2018. No. 2. P. 47, 48 (in Russ.).

12. Galuzo V.N. "Scientific schools" in the jurisprudence of the Russian Federation: reality or illusion? // Education and law. 2018. No. 4. P. 42 - 51 (in Russ.).

13. Galuzo V.N. Law enforcement agencies: Textbook for students. M., 2019 (in Russ.).

14. Drago R. Administrative science / trans. from French V.L. Entin; ed. and with an afterword by B.M. Lazarev. M., 1982. P. 20 (in Russ.).

15. Kaplunov A.I., Ukhov V. Yu. Actual problems of Administrative and administrative-procedural law // State and Law. 2019. No. 9. P. 168 - 177 (in Russ.).

16. Kononov P.I. On modern approaches to understanding Administrative Law: the right of public administration or the right of public welfare // Administrative Law and process. 2017. No. 3. P. 69 (in Russ.).

17. Lazarev B.M. Competence of management bodies. M., 1972 (in Russ.).

18. National interests: priorities and security. 2014. No. 13/24 (in Russ.).

19. Nersesyants V.S. The national idea of Russia in the world-historical progress of equality, freedom and justice. Manifesto about civilization. M., 2001. P. 613 (in Russ.).

20. Main tasks of the science of Soviet socialist law: report of A. Ya. Vyshinsky, debates and conclusions. speech at the first meeting on the science of Soviet state and law. [16–19 VII 1938]. M., 1938 (in Russ.).

21. Sorokin V.D. Administrative-procedural law. M., 1972 (in Russ.).

22. Tikhomirov Yu. A. Managerial decision. M., 1972 (in Russ.).

23. Tumanov G.A. Organization of management in the sphere of public order protection. M., 1972 (in Russ.).

24. Umansky Ya. N. First meeting on the science of the Soviet state and law // Bulletin of the USSR Academy of Sciences. 1938. No. 7. P. 51 (in Russ.).

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