Administrativnoe normotvorchestvo: pravootnoshenie ili organizatsionno-deyatel'nostnaya tekhnologiya funktsionirovaniya organa publichnogo upravleniya?

The article is devoted to the study of administrative rulemaking as organizational and activity technology of functioning of public administration. The authors, through the analysis of the structure and content of administrative rulemaking, criticize the approach that justifies the need to consider the implementation of the public administration function to adopt normative legal acts as a complex legal relationship. It is suggested that «organizational and activity technology of functioning of public administration» is the most adequate category to answer the question about the essence of administrative rulemaking, which as an activity is carried out in special procedural forms, does not imply the presence of opposing subjects (parties), but, on the contrary, is an exclusive kind of professional cooperation, where each subject at the same time with others performs actions (operations), United within algorithmization activities of community goals and objectives. Based on these considerations, the authors propose an algorithm of public administration activities for the development and implementation of regulatory legal acts, which combines law-making and law-enforcement activities. In addition, the construction of intra-organizational legal relationship, which raises doubts about its viability, is critically reconsidered, since the intra-organizational component of the public administration activity does not have an independent ontology, but only provides for the implementation of external management relations (activities). Ideally, the administration never exists and does not act solely for itself.