FEATURES AND FUNCTIONAL PURPOSE OF THE COMPONENTS MECHANISM OF ADMINISTRATIVE-LEGAL REGULATION

Abstract

This article is devoted to highlighting of the features and functional purpose of the main constituent parts (elements) of the mechanism of administrative-legal regulation of social relations, namely administrative-legal norms, administrative-legal relations, acts of implementation of legal norms. It is emphasized that the main and necessary component of the mechanism of administrative and legal regulation are administrative and legal norms, which, performing their regulatory functions in the process of regulating social relations, act as a means of functioning of administrative and legal regulation of these relations. In the mechanism of administrative-legal regulation, administrative legal relations have the following features: they are the main means of ensuring the functioning of administrative-legal norms; administrative legal relations, establishing the specific behavior of subjects in the form of rights and legal obligations in the process of state (public) management, the application of measures of administrative coercion, including administrative responsibility, act as an instrument of legal influence on social relations and a mandatory means of the mechanism administrative and legal regulation; their character is determined by the goal of administrative and legal regulation, which correlates with the specific goal of legal regulation in a certain field. An obligatory element (structural component) of the mechanism of administrative and legal regulation, which reflects the main content of the final stage of the process of this regulation, are the acts of realization of rights and obligations, which should be understood as the actual (real) effective behavior (active or passive) of the participants of these relations that correspond to the provisions established in the law (the will of law-making subjects). The implementation of administrative and legal norms that regulate social relations is manifested in three direct forms - compliance (observance), use and execution, which are manifested, respectively, in the implementation of «prohibitive», «authorizing» («permissive») and «obligatory» legal norms and in a special form - application, the specific features of which distinguish it from other forms of implementation.