The Sources of administrative law of the Republic of Kazakhstan

Methods of administrative regulation

The System of administrative law

The system of administrative law is the set of the administrative rules of law united in institutes and governing the uniform public relations. Traditionally administrative law shares on the general and special part, each of which includes certain legal institutes. The general part is made by rules of law and institutes, the general in activity of all state bodies of all branches, spheres of public administration. Special part covers the norms operating in concrete branches of public administration (a state propriety, conservation and use of natural resources, the state sphere of social and cultural life, etc.).

The methods of administrative regulation answer a question: what are the ways of regulation.

Administrative law uses, first of all, instructions (assignment of a direct legal duty to make something) and a prohibition (prohibition to make certain actions), as means of regulation of the public relations. In the course of administrative and legal regulation there are also the other ways: the permission, the coordination based on equality of the parties.

There are five main sources of administrative law in the state.

The Constitution is the creator of various several administrative bodies and agencies. It gives brief details about the mechanism and the administrative powers granted to various authorities.

Acts and Statutes passed by legislature are important sources of administrative law because they elaborately detail the powers, functions and modes of control of several administrative bodies.

Ordinances are issued by the President and Government (at State level) and are valid for a particular period of time. These ordinances give additional powers to administrators in order to meet urgent needs.

Administrative directions, notifications and circulars provide additional powers by a higher authority to a lower authority. In some cases, they control the powers.

Judicial decisions or judge-made law have been responsible for laying down several new principles related to administrative actions. They increased the accountability of administrative actions and acted as an anchor between the notifications, circulars etc. to be linked and complied directly or indirectly with the

constitutional or statutory provisions.

Legal norms should have the external forms of expression. They have to be issued so that people to whom they are addressed could know them. Rules of law join as points, paragraphs in acts of government bodies. Such acts if they contain rules of law considered like a law sources, the external forms of its expression.

The sources of administrative law are acts of government bodies in which contain administratively - legal rules of law.

The most important feature of branch is a variety and a set of sources of legal norms. It is determined by a subject variety and large number of the administrative relations.

The legal regulation of management requires a large number of laws and still bigger number of sub laws concretizing them, regulations.

There is a considerable number purely administrative - legal sources. But there is a lot of" mixed" diversified, including the norms of different branches of the law (for example, administrative and criminal).

Depend on the official state body who adopted the legal acts all sources of administrative law it is necessary to divide into some types:

1) Laws (Constitution of the Republic of Kazakhstan, legislation, laws, codes);

2) Decisions on the several levels;

II. Acts of public administration;

1) Decrees, orders of the President;

2) Resolutions, orders of Government;

3) Orders, resolutions of ministers, state committees and other departments;

4) Resolutions, orders of akims;

5) Orders, resolutions of other governing bodies;

6) Orders of heads of the state enterprises, establishments.

Дата добавления: 2014-10-17