Administrative law-making in public administration activities: essential characteristics

Abstract

The article is devoted to highlighting the essence of law-making activity of public administration. The article draws attention to the fact that the law-making and law-enforcing activity of public administration is expressed in the adoption and implementation of legal acts, which are the main means of regulating relations in the field of public administration, this is one of the main forms of implementation of the tasks and functions of state authorities and local self-government. It is found that legal acts in the activity of public administration, on the one hand, serve the orderliness and stability of administrative-legal relations, on the other hand, they are the basis for changing the rights, freedoms and interests of individuals in the public sphere. The article states that the law-making activity of the public administration needs constant study and research in the aspect of modern processes of state-building and law-making that take place in the state, to meet the standards of law-making activity of the EU, to take into account the best domestic and European practices. It is emphasized that the administrative law-making of the public administration is embodied in the form of adoption of normative and individual acts. The purpose of such law-making is the creation of acts by means of which the rights, freedoms and interests of persons in the field of public-legal relations are implemented and ensured. Thanks to law-making, the state implements its functions of managing various spheres of public life. The author's definition is formulated that administrative law-making of public administration is a legal form (instrument) of the activity of authorized law-making subjects, which is implemented according to the established administrative procedure and is aimed at establishing, changing or terminating administrative-legal relations. It is proven that regardless of which act is adopted, the procedure for its adoption must be clearly regulated in the legislation, which will ensure the regime of legality in the state and make it impossible to adopt legal acts that contradict the Basic Law and legislation. It is noted that an important feature of administrative law-making is that it is carried out according to the procedure established in the legislation and which is a system of means, methods, logical and linguistic techniques, methods of law-making activity that determine and regulate the activities of authorized subjects in this area and which aimed at the development and adoption of legal norms.