Обязательные требования как предмет административно-правовых исследований (Д.В. Осинцев, электронное периодическое издание "Электронное приложение к "Российскому юридическому журналу", N 1, январь-февраль 2021 г.)

Osintsev D. Mandatory requirements as a subject of administrative and legal research

D. Osintsev - Professor, Ural Law Institute of the Ministry of Internal Affairs of Russia (Yekaterinburg), doctor of legal sciences

At the end of the last century, separate reforms were undertaken in the science of administrative law and management activities, which now can be assessed as erroneous. In particular, the administrative command system was rejected; the executive authorities were given a service status; the system of ensuring security and maintaining the management order was replaced with the network structures of state service for the interests of individuals. The legal side of the administrative reform turned out to be primitive: the legal structures of regulatory branch regimes were borrowed and adapted for public administration. The negative consequences were not long in coming: security threats began to grow like a snowball, and there were no mechanisms to resist them. It can be stated that the experiment has been completed and an accurate and capacious view of the subject of administrative law has been restored, its structure has been determined. Changes in the legal technique and the judicial procedural mechanism for the protection of law-protected values are required.

Key words: subject of administrative law, mandatory requirements, division of law into branches, source of law

Osintsev D. Mandatory requirements as a subject of administrative and legal research

D. Osintsev - Professor, Ural Law Institute of the Ministry of Internal Affairs of Russia (Yekaterinburg), doctor of legal sciences

At the end of the last century, separate reforms were undertaken in the science of administrative law and management activities, which now can be assessed as erroneous. In particular, the administrative command system was rejected; the executive authorities were given a service status; the system of ensuring security and maintaining the management order was replaced with the network structures of state service for the interests of individuals. The legal side of the administrative reform turned out to be primitive: the legal structures of regulatory branch regimes were borrowed and adapted for public administration. The negative consequences were not long in coming: security threats began to grow like a snowball, and there were no mechanisms to resist them. It can be stated that the experiment has been completed and an accurate and capacious view of the subject of administrative law has been restored, its structure has been determined. Changes in the legal technique and the judicial procedural mechanism for the protection of law-protected values are required.

Key words: subject of administrative law, mandatory requirements, division of law into branches, source of law