Bazarov is a man of ideas. Image of Evgeny Bazarov

Concept and characteristics of administrative law

The development and complication of relations that arise between members of society inevitably leaves its mark on legal system any modern state– new legal institutions and sub-sectors emerge, independent and complex branches of legislation are formed, etc. Wherein most social phenomena and processes are still regulated through legal regulations concentrated within a few classical branches of law, one of which is administrative law. The doctrinal definition of the industry in question, in the works of modern legal scholars, in the most general view, is formulated as follows:

Definition 1

Administrative law is an independent branch Russian law, the content of which is represented by a system of generally binding rules of conduct regulating social relations that develop in the process of implementing the tasks and functions of state authorities and local self-government.

In turn, as a sign of the branch of law under consideration, the following can be called:

• Administrative law is one of the key branches of public law that regulates public relations in the field of government system and management;
• The content of administrative law is represented by a set of legal norms, distinguished by the properties of internal consistency and structural organization;
• Administrative law is expressed externally - in the form of written legal sources;
• Administrative law, being an independent branch, is characterized by the presence of its own subject and method of legal regulation.

Note 1

The last of the above characteristics of the industry under consideration is extremely important, since it is the existence of the subject and method of legal regulation that is traditionally recognized in legal science as a criterion for the independence of the legal industry.

Subject of administrative law

As noted above, the subject of the branch of law is one of two key features, the existence of which allows us to speak about the independence of the legal branch. In turn, the subject of administrative law can be defined as follows:

Definition 2

The subject of administrative law is the totality of social relations developing in the region government controlled, within the framework of which authorized entities, within their own competence, manage the organizational, administrative, socio-cultural and administrative-political processes of the state and society.

Thus, as can be seen from the above definition, the specificity of administrative legal relations that form the subject of the industry under consideration is that they always involve a special subject - an executive body or another competent executive body.

In addition, social relations that constitute the subject of administrative law can be classified depending on various grounds.

In particular, depending on the legal nature of administrative legal relations, it is customary to distinguish their material and procedural varieties.

Definition 3

Material administrative-legal relations are social relations arising in the field of public administration and regulated through substantive norms of administrative law;

Definition 4

Procedural administrative-procedural relations are relations that develop regarding the consideration of specific individual cases in the field of public administration, the procedure for resolving which is regulated by administrative procedural norms.

Based on the nature of the relationship between the rights and obligations of participants in administrative legal relations, vertical and horizontal administrative-legal relations can be distinguished. As the name implies, vertical relations are characterized by inequality of the parties in the legal sense - they arise on the basis of the unilateral expression of the will of an authorized government body or official, including contrary to the will of the other participant in the legal relationship.

In turn, horizontal relations arise in connection with the exercise by citizens of the Russian Federation of their own rights in the field of public administration. At the same time, it is necessary to pay attention to the fact that, based on the specifics of the industry under consideration, including the public nature of its content, for administrative law in to a greater extent Vertical legal relations are typical.

Administrative law method

Second qualitative characteristics The method of legal regulation is traditionally recognized as an independent branch of law. Within the industry under consideration, the method used is the use of legally authoritative regulations emanating from an authorized entity, which are a combination of three methods of legal regulation:

1. Prescription, that is, the authoritative establishment of a certain order of actions. In view of a certain flexibility of the prescription as a method of legal regulation, non-compliance with the prescribed conditions of behavior, as a rule, is expressed in the absence of those positive consequences that the norm of administrative law was originally aimed at achieving;
2. A prohibition expressed in the prohibition of committing certain actions under penalty of applying appropriate legal measures. Unlike a prescription, a ban is a strict establishment of certain rules for the implementation of social relations and legally significant behavior of their subjects. Failure to comply with the prohibition entails a specific obligation to undergo certain negative consequences personal, property or organizational nature;
3. Permission – providing the opportunity to choose a certain option for proper behavior, carried out at the subject’s own discretion. Permission can be expressed in a strict form, when the choice of one of the possible options behavior (typical for regulating behavior officials) and in soft form when the subject of a legal relationship has the right to choose a certain model of behavior in the scope of administrative legal norms, to refuse to make any choice at all (typical for establishing the rights and obligations of citizens in the field of administrative relations).

• Legal regulation economic relations
  • Economic relations as a subject of legal regulation
  • Concept and signs of entrepreneurial activity
  • Economic law and its sources
• Legal status of subjects of entrepreneurial (economic) activity
  • Ownership and other real rights
  • Legal entities
    • Kinds legal entities
    • Creation, reorganization and liquidation of legal entities
  • Individual entrepreneurs
  • Insolvency (bankruptcy) of business entities
    • The procedure for considering bankruptcy cases in an arbitration court
    • Observation
    • Financial recovery and external management
    • Bankruptcy proceedings and settlement agreement
• Legal regulation of contractual relations in the field of economic activity
  • General provisions of the contract
  • Selected species contracts
    • Supply contract
    • Lease contract
    • Work agreement
• Economic disputes
  • Concept and types of economic disputes. Pre-trial procedure for their settlement
  • Consideration of economic disputes in arbitration courts
• Labor law as a branch of law
  • Subject and structure of labor law
  • Sources of labor law
  • Labor relationship
• Legal regulation of employment and employment
  • Legislation of the Russian Federation on employment and employment. State employment authorities
    • Concept and forms of employment
    • Legal status of the unemployed
    • Professional education unemployed
• Employment contract
  • Employment contract: concept, content, types
  • Conclusion employment contract. Registration of employment
  • Change of employment contract
  • Termination of an employment contract
• Working time and rest time
  • Work time
  • Time relax
    • Vacations
• Wage
  • Concept and systems wages
  • Legal regulation of wages
  • Tariff system. Allowances and surcharges
  • Procedure for payment of wages
• Labor discipline
  • Concept and methods of ensuring labor discipline
  • Disciplinary responsibility
• Material liability parties to the employment contract
  • Concept, conditions and types of financial liability
  • Financial liability of the employee to the employer
• Labor disputes
  • Consideration of individual labor disputes in the CCC
  • Consideration of individual labor disputes in the courts
  • Collective labor disputes
    • Conciliation procedures
    • Exercise of the right to strike
• Administrative offenses and administrative liability
  • The concept of administrative law. Its subject and method
  • Administrative responsibility
  • Administrative offense
  • Administrative penalties
  • Proceedings in cases of administrative offenses

The concept of administrative law. Its subject and method

Each branch of law is characterized primarily by its subject, that is, by the social relations that it regulates. Administrative law regulates a special type of social relations - relations that develop in the process of public administration.

Any social system needs management, that is, the activities of certain subjects to manage the elements of this system. Managers have an orderly influence on people, ensuring consistency in their actions, protecting society from the undesirable behavior of the managed. When such activities are carried out by the state, it is called public administration.

In principle, everyone is involved in public administration to one degree or another. government bodies(for example, parliament in the process of issuing laws, courts in the process of resolving disputes). However, there is a narrower understanding of public administration as an activity of an executive-administrative nature, that is, work on the direct implementation of laws and the management of citizens and organizations in compliance with these laws. Only one branch of government is engaged in such activities - the executive branch, and the implementation of these activities constitutes its main function.

In the process of executive and administrative activities of government bodies at various levels, certain social relations and interrelations arise, which are called organizational and managerial. They are regulated by administrative law. Thus, administrative law is an independent branch of law that regulates social relations that develop in the process of managerial (executive and administrative) activities of public authorities.

A characteristic feature of relations regulated by administrative law - administrative legal relations - is that one of the subjects in them is always a government body or an official of a government body, and the other is other government bodies, individual citizens, and organizations. Therefore, these relationships are based on the principles of power and subordination.

The features of the subject of administrative law (the relations it regulates) predetermine the features of its method, i.e., how and in what ways these relations are regulated.

The method of administrative law is predominantly imperative. This branch of law mainly uses instruments such as unilateral orders and prohibitions, which are legally binding and are enforced by state coercion.

Sometimes administrative law also uses such a method as permission, but most often the granted right to choose behavioral options is limited to two or three strictly defined options. And only in a few cases does administrative law give a person the right to decide for himself what to do.

Bibliographic description:

Nesterova I.A. Subject and method of administrative law [ Electronic resource] // Educational encyclopedia website

The subject of administrative law, as well as its method, is a layer of categorical concepts that are still among the controversial aspects of legal science.

In legal science, a special place has always been occupied by the interpretation of the subject and method of a particular branch of law.

Administrative law, being one of the key branches, is considered a conflict of law law.

Administrative law is a branch of public law.

Administrative law is the branch through which the state regulates the activities of executive authorities and the degree of legal integrity of citizens.

In addition, administrative law belongs to special role, which consists in the fact that it acts necessary tool management of social processes in society.

Subject of administrative law

It is necessary to emphasize how extremely accurate and relevant the point of view of the founder of classical legal dogmatics, O. Mayer, is. In his opinion, administrative law creates legal order in relations between the state and citizens who are inferior to it and encounter it in the process of its administrative activities. Accordingly, between citizens and the state, according to the scientist’s definition, a relationship of power and subordination develops.

Administrative law, like any branch of law, has a characteristic subject and method that distinguishes the branch from others.

In general, it can be divided into two independent segments:

1. Managerial relations that arise between the powerful subjects of government and the subjects subject to them.
2. Managerial relations within the public administration system.

If we consider social relations to be the basis of the subject of administrative law, then these social relations are respectively:

• is mediated by the Constitution of the Russian Federation public policy recognition, observance and protection of human and civil rights and freedoms, creating conditions that ensure decent life And free development person;
• directly expresses the diverse content subordinate to the tasks of implementing this policy special type government activities on practical implementation executive power as one of the branches of a single state power;
• the priority of public legal interests in the regulated sphere and the corresponding state legal means of influencing public relations are expressed.

These social relations are directly related to state management activities, and therefore, in general, they can be called managerial.

Not all social relations that are managerial in nature can be classified as the subject of administrative law.

Relations arising in connection with the functioning of non-state formations do not belong to the subject of administrative law.

In the light of studying the subject of administrative law big interest represents the point of view of Professor K.S. Belsky. The subject of administrative law includes three groups of social relations presented in the figure below.

Due to the relevance of this classification, it is necessary to consider each group separately. Let's start directly with management relations.

Management relations themselves are traditional administrative-legal relations in the spheres of management: economic, socio-cultural and administrative-political.

The features of management relations within the framework of administrative law include the following:

• Managerial relations arise in the internal state-hardware environment in the process of public administration.
• Managerial relations have the executive authority as a mandatory subject.
• Managerial relations are predominantly relations of “power-subordination”.

Police relations, according to K.S. Belsky, represent the opposite of managerial relationships. They arise not in the state apparatus or “internal” environment, but mainly in the “external” environment, in particular in places with public importance. This type of social relations includes three main groups of relations presented in the figure below.

Relations in the field of administrative justice play an important role. K.S. Belsky mentions them as the third type of relationship within the subject of administrative law.

Relations in the field of administrative justice are relations associated with the right of citizens, officials, and legal entities to consider an administrative claim in court regarding illegal actions of officials of executive authorities or local self-government.

So, having studied a number of approaches to the subject of administrative law, we can highlight its key definition:

The subject of administrative law is a set of social relations that develop in the process of organization and activity of executive authorities.

Administrative law method

The method is extremely important for every branch of law. It is the method of law that ensures the functionality of legislation in a particular industry. Russian lawyer S.S. Alekseev wrote:

Representing a complex, multifaceted legal phenomenon, each sectoral method expresses a special legal regime of regulation and consists of a specific set of techniques and means of regulation, which exists only in this specific regulatory material and is closely related to the corresponding group of social relations - the subject of legal regulation.

Modern legal science under administrative law method understands the totality of prescriptive, prohibitory and permissible means of influencing management relations and constitutes the method of administrative law.

In modern administrative law, two key methods are clearly identified:

1. Dispositive method of administrative law
2. Imperative method of administrative law

Let's consider each of the methods separately.

The dispositive method of administrative law does not directly regulate social relations, but provides subjects with the opportunity to act themselves, but within clearly limited limits established by the rules of law.

The imperative method of administrative law has the character of imperious coercion. With the help of regulations, he establishes certain rules of conduct in various areas of public administration, and the parties to the relationship are not allowed to go beyond the established framework. This method is based initially on the inequality of the sides.

Note that in last years The method of administrative law is progressively evolving and expanding its capabilities and strategies.

Literature

1. Alekseev S.S. General theory law: textbook. – M.: Prospekt, 2011.
2. Administrative law. Electronic textbook. // [Electronic resource] Access mode: http://www.ckofr.com/pravo/555-administrativnoe-pravo
3. Belsky K.S. Administrative law of Russia: a course of lectures/Ed. N.Yu. Khamaneva. M.: Prospekt Publishing House, 2011.
4. Badikov K.N. Law basics. Lecture notes // [Electronic resource] Access mode: abc.vvsu.ru/books/osn_prav/page0051.asp
5. Bakhrakh D. N. Administrative law of Russia. Textbook for universities. – M.: NORM, 2015
6. Gabrichidze B. N., Chernyavsky A. G. Administrative law of Russia - M.: Prospekt, 2010
7. Dmitriev Yu.A. Administrative law Russian Federation– M.: GARANT system, 2008.
8. Kozlov Yu. M. Administrative law of Russia. Textbook. – M.: Yurist, 2012
9. Makareiko N.V. Administrative law// [Electronic resource] Access mode:

In the novel “Fathers and Sons” by I. Turgenev, thanks to Bazarov, the conflict between the old and new generations is revealed. He is a nihilist, a follower of the trend that was fashionable at that time. Nihilists denied everything - the beauty of nature, art, culture, literature. Eugene, like a true nihilist, lived practically and rationally.

What is Bazarov's character? He is a self-made man. He believes not in art, but in science. Therefore, in part, nature for him “is not a temple, but a workshop, and a person is a worker in it.” His beliefs in many ways prevent him from truly appreciating human relationships - he treats Arkady exclusively as a younger comrade, their communication is based on an interest in nihilism. He treats his parents, whom he sincerely loves, condescendingly. They are timid and lost in front of him.

It would seem that a person who denies any human weaknesses, feelings, lives only by rationalism, will achieve everything. He will convince everyone that he is right, because his arguments are based on facts, science, and reasonable arguments. Pavel Petrovich Kirsanov gets lost in arguments with him, and Nikolai Kirsanov is completely afraid to enter into arguments with him.

Bazarov's views on love, due to nihilism, are also specific. He views the relationship between a man and a woman exclusively from the biological side; he does not see anything mysterious or romantic in it. “Love is rubbish, unforgivable nonsense,” he says. When Arkady opens up with him about the “mysterious female gaze", Evgeny only ridicules him, explaining to his friend the anatomy of the eye, claiming that there is no mystery there; All eyes are anatomically the same. But fate played with Bazarov cruel joke: She tested the firmness of his convictions with love, but he did not pass this test.

Acquaintance with Odintsova became fatal for Bazarov. Communicating with her, he finds “the romance in himself.” For a while, Evgeny forgets about his views. However, when he does not receive reciprocity, he tries to convince himself that this was only a fleeting obsession. That he is still the same old nihilist who doesn’t care about romantic nonsense. He tries to forget about his feelings, get busy with work, and get distracted. But internally he experiences completely different emotions. All his actions after leaving his beloved are nothing more than self-deception.

Bazarov dies from being infected with typhus due to carelessness while working with a typhoid corpse. It would seem that he could have treated the wound and prevented such a tragic ending own history, but Evgeniy relies on chance and treats with indifference own destiny. Why does Bazarov suddenly give up? The reason for this is unhappy love. That factor whose existence he refused to accept.

Bazarov admits his defeat to Odintsova when she, at his request, comes to him before his death. This is, perhaps, the first time when the hero admits to himself that love has gotten the better of him, he has “gone limp.” In fact, he repeated the fate of Pavel Petrovich, he went along the road that he despised.

Perhaps it was this stubbornness, this unwillingness to reconsider his rules that led Bazarov to lose. I will lose to fate. But the fact that he admitted defeat is not a victory? Victory over yourself? Even if very shortly before his death, the hero found the strength to admit his failures, admitted that everything he believed in unconditionally turned out to be not so strong in reality. New Bazarov defeated old Bazarov, and such a victory deserves respect.

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Events described in I. S. Turgenev’s novel “Fathers and Sons” on the eve of the peasant reform. The progressive public was divided into liberals and revolutionary democrats. Some welcomed the reform, while others were against such reform.

Evgeny Bazarov appears at the center of the novel. And Turgenev’s novel begins with Bazarov’s arrival at the Kirsanovs’ estate. Bazarov was the son of a doctor, he also went through a harsh school, then studied at the university on pennies, was interested in various sciences, knew botany, agricultural technology, geology well, never refuses medical care to people, in general he is proud of himself. But he aroused rejection and interest among people with his appearance: high growth, old cloak, long hair. The author also emphasized his intelligence, pointing to his skull and face, expressing self-confidence. But the Kirsanovs were the best of the nobles. Bazarov's views evoke different feelings in them.

The characterization of Bazarov in the novel “Fathers and Sons” sounds in one word: he is a nihilist, he vividly defends his position of denying everything. He speaks poorly about art. Nature is not an object of admiration for the hero; for him it is not a temple, but a workshop, and man is a worker in it. And Bazarov calls love an unnecessary feeling. Bazarov's views are not typical for representatives of the radical nobility.

The author takes his hero through many trials, as well as through trials of love. When he had a meeting with Odintsova, Bazarov was sure that there was no love and there would not be any. He looks at women indifferently. For him, Anna Sergeevna is only a representative of one of the categories of mammals. He said that her rich body was worthy of the theater, but he did not think about her as a person. Then, unexpectedly, a feeling flares up for him, which puts him into a state of absent-mindedness. The longer he was visiting Madame Odintsova, the closer he became to her, the more attached he became to her.

A person who strongly believed in his theory of nihilism, accepting it 100%, breaks down at the first real life situation. True love overtakes the hero of Bazarov's novel and he does not know what to do or how to act correctly. He does not lose his pride because of unrequited feelings, he simply steps aside.
Bazarov's attitude towards others is different. He tries to captivate Arkady with his theory. Kirsanov hates Pavel Petrovich, and considers Nikolai Petrovich a kind, but already obsolete person. A feeling grows inside him internal confrontation With myself. Trying to build his life on the basis of nihilism, he cannot subordinate it to all these dry canons.

Denying the existence of honor, he, at the same time, accepts the challenge to a duel, because he considers it right. Despising the principle of nobility, he actually behaves in a noble manner, which Pavel Kirsanov himself admits. Actions that require certain analysis Bazarov is frightened and does not always understand what to do.
No matter how Bazarov tries, he cannot hide his tender feelings to parents. This is especially evident when Bazarov’s death approaches. Saying goodbye to Odintsova, he asks not to forget the old people. The realization that Bazarov is a nihilist, but he believes in the existence of love, is painful and painful for him.

This publication will help 10th grade students when writing a report or essay on the topic “Evgeny Bazarov.”

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