Open AccessSystem and Spatial Organization of the Existence of Administrative Law
Author(s) -
Vitaliy A. Yusupov,
В.А. Юсупов,
Sergey Bratanovsky,
Сергей Братановский
Publication year - 2017
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18288
Subject(s) - administrative law , interdependence , law , norm (philosophy) , dialectic , public law , private law , function (biology) , philosophy of law , action (physics) , political science , sociology , law and economics , epistemology , philosophy , physics , quantum mechanics , evolutionary biology , biology
In the scientific article through the analysis of philosophical categories the system organization of existence of administrative law is researched. To understand the systemic organization of the existence of administrative law, the work identifies the main elements of this system and analyzed the functional relationships between them. It is established that the structure of the existence of administrative law has two interdependent centers. It is argued that the norm of administrative law as a collective will can not fail to take into account, not to be guided by the will of the individual. The presence in the systemic organization of the existence of the administrative law of a «plastic» element in the form of administrative procedural (procedural) norms is ascertained. A conclusion is made about the criterion-forming essence of the administrative law environment for delineating administrative law with other legal and social systems. The essence of spatial existence of administrative law is defined. It is set that that the space of legal life, including administrative and legal life, is implemented as life is right, the spiritual beginning having in the fundamental principle which has a certain expansion in time. The internal dialectics of the system of administrative and legal norms that fulfill one social function - the regulation of public life by administrative and legal means having a functional connection between themselves is revealed. It is established that the subjects of legal relations, their behavior, subjective assessment of circumstances, the objective conditions of an action may be different, but the content of the rule of law in all situations forms certain single defining principles. The role of the individual in the space of administrative and legal existence has been studied. A discussion scientific position is proposed, containing a judgment that the most important property of the space of administrative and legal existence is its four-dimensionality.