The concept and the essence of principles of administrative-law regulation

Abstract

The article revolves around the nature and the essence of the principles of administrative-law regulation. The basic role of the principles of administrative-law regulation in ensuring the system organization and development of domestic administrative law, administrative legislation, administrative-law doctrine, rule-making activity and law-enforcement practice is revealed. The problem of the lack of a single concept of the principles of administrative-law regulation both in the doctrine of administrative law and in modern legal practice is highlighted. The need to develop a unified approach to understanding the principles of administrative-law regulation, based on advanced achievements of modern jurisprudence and objective realities of legal practice, is substantiated. The primary importance of applying such an approach in administrative law-making and law enforcement, in particular, in jurisdictional activity, is emphasized.
 The most well-known and widespread definitions of the concept of “principles of administrative-law regulation” are analyzed. A conclusion is made about the cardinal differences of modern scientific views on the nature, essence and system of principles of brunch regulation. Such difference does not allow to build a coherent doctrinal concept based on their simple generalization.
 The impracticality of identifying the principles of administrative-law regulation with normative rules, objective regularities of administrative legal relations, grounds for the emergence of such relations, as well as with the principles of public administration (principles of administrative activity) was established. It is emphasized that a comprehensive scientific understanding of the principles of administrative-law regulation should be based on a general theoretical understanding of the principle, as the basic grounds, the original idea, which are characterized by universality, general significance, higher imperativeness and reflect the essential provisions of theory, doctrine, science, systems of national and international law , state legal policy, policy of development of branches and institutions of law.
 The author’s definition of the principles of administrative-law regulation is formulated. An approach is proposed, according to which the principles of administrative-law regulation are considered as: fundamental ideas underlying the development and functioning of administrative law and all its institutions, a system of administrative-legal relations, realization of the rights, freedoms and legitimate interests of their participants, law-making and law-enforcing activities subjects of public authority.