Administrative law – set of legal norms regulating social relations that develop within the field of public administration.
BACKGROUND
1.The development of philosophical ideas about the role and place of the state and governance in public life; increasing the state's role in public life; governance is becoming the leading form of state action.
2.Use the constitutions of the leading countries of the term "separation of powers" and the creation of public bodies for each branch.
3.Development of a General theory of management (specialization, cooperation, conspiracy, cooperation...)
4. The need to protect public order.
5.The need to protect the rights of citizens in terms of concentration of power in the hands of the state and its organs.
2.THE CONCEPT AND GENERAL CHARACTERISTICS OF PUBLIC ADMINISTRATION
Management – set of activities performed to achieve certain objectives by using available resources (financial, material, human, informational); lead anything, when exposure is performed on the part of the subject of management on the managed object, using a variety of mechanisms and tools.
Governance is a form of social control. Social control occurs in society between people to organize the emerging social relations.
Governance, regulations , Executive and administrative activity carried out in the daily and practical management of economic, administrative-political and socio-cultural spheres of life of society, when carried out purposeful action on the part of the subject of management on the managed object, using existing resources, forms and methods.
Thus, the essence of public administration lies in tselenapravlenno impact from the side of the subject of management on object.
Two approaches to public administration.
1.The activities of all state agencies.
2.The activities of the Executive authorities.
The main characteristics of public administration
1.Executive and administrative in nature.
The main focus of this activity is the implementation of the PPA, as a means of achieving this goal is the use of the necessary legal powers.
2.Organizational and practical orientation.
3.Sub-activities and subordinate normative.
Other signs of public administration.
1.A close connection with the development and implementation of public policy.
2.A certain targeted and functional specificity
3.The presence of certain resources.
4.Direct responsibility for the execution of the laws.
5.The use of certain forms and methods.
Atamanchuk G. V. under the government's management understands the practical, organizing and regulating influence of the state on public life in order to streamline, save or convert, based on his overbearing force.
3. THE CONCEPT AND GENERAL CHARACTERISTICS OF EXECUTIVE POWER
The main features of the Executive.
1.The Executive power is a relatively independent branch (type, variety), single state authorities, working closely with the legislative and judicial branches.
2.Executive power (i.e. the ability to exercise decisive influence on behaviour, the ability and right to subdue others) is not implemented by itself, but in dealing with the different individual and collective elements of the state-organization of society on a national scale and as a specific state functions of law-enforcement character.
3.Is embodied in the activities of the special subjects, vested with Executive authority bodies of Executive power.
4.The Executive power is not identical performance. This kind of state activity is the practical form of its implementation, and the government represents the essential expression of a functional orientation competency and certainty of Executive action.
5.Executive power is implemented in the process of state management, i.e. out of court.
6.The Executive also characterized by the fact that the direct responsibility and a implementing its subjects are the most essential attributes of state power, such as: Finance, the most important means of communication,the army and other military formations, the police, internal and external security of the correctional institution, etc.
The Executive branch, state administration exercised by the bodies of Executive power.
4.THE RELATIONSHIP BETWEEN THE CONCEPTS OF PUBLIC ADMINISTRATION AND EXECUTIVE POWER.
Thus, the Executive branch – the category of political, legal, while governance is a category of organizational and legal. Have a right to exist both of the state – legal category. Accordingly, public management is a reality without which the state – imperious mechanism to work can't. According to the purpose it represents not that other, as state activity, in which practically implemented by the Executive. In other words, administration of the state practically carried out in the framework of the system of government based on the principles of separation of powers.
The real character of the Executive power acquires in the activities of particular parts of the state apparatus, currently referred to as Executive bodies, and essentially public administrations.
Therefore, administration of the state, understood as the Executive – administrative activity, is not opposed to Executive power, understood as activity of subjects of this power.