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Police and Investigative Activity
Reference:

On the Principles of Administrative Law and Administrative Activity

Kurakin Aleksei Valentinovich

Doctor of Law

Professor at the Department of Administrative and Information Law of the Financial University Under the Government of the Russian Federation

125993, Russia, Moskva oblast', g. Moscow, ul. 125993, Moskva, Leningradskii, 49

kurakinaleksey@gmail.com
Other publications by this author
 

 

DOI:

10.25136/2409-7810.2022.3.38808

EDN:

REQHLS

Received:

21-09-2022


Published:

06-10-2022


Abstract: The subject of the study is the principles of administrative law and administrative activity. This issue in the science of administrative law has not been developed in such detail, nevertheless, the principles of an administrative nature have been studied in an applied aspect, however, a theoretical justification of the relevant principles is necessary for the development of legal doctrine. The article draws attention to a number of important principles of administrative law, the content of some of them is disclosed in detail. The author drew attention to the fact that the characteristics of the principles of administrative law will not be complete if they are considered in isolation from the principles of administrative activity, based on this, these principles are also considered. The main conclusions of this article are that the author presented a system of principles of administrative law and administrative activity. He characterized the relevant principles taking into account the constitutional and social realities, showed the importance of the principles of administrative activity for public administration. Special attention was paid to the principle of social justice, because without taking into account this principle, it is difficult to increase the effectiveness of administrative and legal regulation both in the protective and positive aspects of the crane. Attention is also drawn to a number of other principles of a constitutional nature that underlie the construction of administrative legislation, in particular, the principle of federalism is such a principle.


Keywords:

Principle, Right, Activity, Standard, Justice, Regulation, Administration, Legality, federalism, Responsibility

This article is automatically translated.

 

The question of the principles of law is not new at all, but we have to return to it due to the need to develop legal doctrine, as well as to prepare proposals for improving administrative legislation. As L.E. Korobka noted, "... any sphere of public life, as well as the legal regulation of relations arising in society, should function on the basis of the principles of law" [1].  It should be noted that the principles occupy an important place in the system of legal regulation. At the same time, the principle is not a static element, it improves the quality of law enforcement activities.   It must be recognized that the general theory of law as a whole has developed a system of universal (doctrinal) principles of law, which, in their essence, have a constitutional and social basis.  Meanwhile, it should be noted that not all branch legal disciplines managed to reach a scientific compromise, and thereby develop a coherent system of legal principles that would underlie the theory and practice of the relevant area of legal regulation. Based on this, let's pay attention to some points of view. As V.I. Borodyansky noted, "... the principles of civil law are determined by the objective needs of the development of economic relations and officially fixed basic principles (ideas) that determine the essence and content of the structural elements of this branch of law, as well as activities for their legislative consolidation and implementation" [2]. As for the principles of administrative law, they are also defined as an institutional category.

From the point of view of V.A. Yusupov, "... the principles of administrative law are the main principles (complexes of ideas) that characterize its content, consolidate the laws of development and determine the mechanism of administrative and legal regulation of managerial relations" [3].

S.D. Knyazev, describing the principles of administrative law, noted that "... the principles testify to the independence of the branch of law, perform the role of the main supporting structure in it, and are also a key component of the subject of administrative law" [4]. This position emphasizes the doctrinal functionality of the principles of administrative law as an industry-forming element. Based on this, the principle has not only theoretical, but also practical significance in the mechanism of law. As I.A. Admiralova noted, "... the question concerning the principles of administrative activity cannot be attributed exclusively to a theoretical problem, since this problem is of very practical importance" [5].

We can agree with the indicated position. Indeed, the principles determine the content of the branch of law, moreover, they answer the question of what state this branch is in at the moment, as well as what actual problems are facing the application of the norms of administrative law. The principles can also determine the purpose of legal regulation, the achievement of which is in some perspective. Principles are a fairly stable and conservative legal education, although changing political and social realities make it necessary to formulate new (special) principles of legal regulation, which are of an administrative nature. Meanwhile, the intensive development of administrative legislation does not allow us to give a timely doctrinal assessment of the available normative material reflecting certain principles, since the next layer of administrative law norms immediately appears. It seems that the analysis of legal principles requires some time, as well as well-established positions regarding the created normative material.                

In the recent past, the principles of criminal law have been studied quite meaningfully. Thus, V.D. Filimonov noted that "... the establishment of the principles of criminal law and the definition of effective forms of their legal expression in criminal legislation is the creation of tools with which the task of its further improvement can be solved" [6]. The classic work in which the principles of criminal law are revealed is the study of S.G. Kelina and V.N. Kudryavtsev. Thus, the authors presented not only revealed the essence of the legal principles of this branch of law, but also proposed their system, which may well be taken into account in various areas of legal regulation, highlighting such principles of criminal law as: "... legality; equality of citizens before the law; the principle of personal responsibility; the principle of guilt; the inevitability of responsibility; justice of responsibility; humanism; the principle of democracy" [7].

As you can see, even such a "conservative" branch of law as "criminal law" is influenced by general constitutional principles, as well as principles that have not yet received their proper regulatory consolidation, namely, we are talking about the principle of "justice". The principle of "justice" or "social justice" is an attribute of the legal and social state. Of course, we must admit that justice is an evaluative and subjective category, but conceptually the meaning of this principle is clear – this principle has nothing to do with the principle of "social equalization" or something similar. Justice means various opportunities, adequate legal regulation, as well as ensuring human dignity. "Justice" as a social value is spoken about in various contexts, quite often the concept of justice is used in relation to the punishment applied. From a social and, of course, legal point of view, it is very important that the applied punishment (criminal, administrative, disciplinary) is fair, this gives legal meaning to the prescribed punishment. Without taking into account social justice, legal regulation is formal, and this generates nihilistic views, and also leads to the "alienation" of a person from the state. In this regard, one of the principles of law, and, accordingly, the principle of administrative law, should be the principle of social justice.                          

Thus, in the administrative and legal reality, it is objectively necessary to act the principle of social justice in various aspects of its manifestation - both in the implementation of positive administrative actions and in the application of administrative coercion. A.P. Korenev points to the functionality of the principle of social justice in the administrative activities of the Department of Internal Affairs: "... social justice, as a principle of activity, is manifested in the fact that any citizen has an equal right to appeal to the internal affairs bodies" [8]. It seems that in this case it is necessary to talk not about social justice as such, but about the principle of legal equality. This principle (equality)  in its capacity, it complements the principle of social justice, which should have a broader effect and interpretation. The "principle of justice" has its own meaning in tax law. As B.Z. Uvaysaev noted, "... justice in tax law reflects a certain pattern of legal regulation of taxation, according to which such a function of taxes as the ability to provide social support to low-income segments of the population with the simultaneous application of differentiated and progressive taxation of citizens receiving high and ultra-high incomes should be taken into account" [9].                                           

In administrative law, unfortunately, it was not possible to develop a system of universal (key) principles of this industry, this issue is waiting for its researcher in the future, now we will pay attention to the designated problem very schematically, due to the scope of this study. But before considering the principles of administrative law and administrative activity, it is necessary to say a few words about what is meant by such a category as "legal principle", it can be noted that quite a lot of points of view have been expressed on this issue.

Thus, V.M. Vedyakhin stated the thesis that "... principles are understood as the main provisions of the theory of worldview. In addition, the principles indicate the goals of legal regulation, so they can be considered an element of the legal system of any society" [10]. M.F. Zabalueva also wrote that "... the principle is an element of essence, acts as an installation, a provision on the implementation of which the achievement of goals directly depends on certain legal means. This explains the functional significance and mandatory implementation of the principle. Thus, the direct focus of the principle on achieving the stated goal and the obligation of its implementation in their entirety represent its main features" [11].

We can agree that the principle sets a goal for legal regulation, in addition, the features of the "principle" as a legal category include the fact that it somewhat idealizes legal and social reality, but this quality of the legal principle cannot be considered negative. The principle of law allows us to take into account the objective and subjective essence of law. In this sense, we agree with E.V. Skurko, who noted that "... the principles of law allow us to ensure the dialectical unity of objective and subjective law, in other words, to reveal and reveal the essence of law" [12].

This is partly the functionality of the legal principle. The corresponding qualities make it possible to strengthen the mechanism of law.   

We emphasize that the principles of administrative law do not exist independently from other legal principles, moreover, various legal processes take place in the system of the industry under consideration, causing an objective need to develop algorithms for the interaction of administrative and legal institutions with each other. And this process, as the experience of scientific research shows, makes it difficult to form universal (basic) principles of administrative law, and one has to deal with the principles of administrative activity or with the principles of the corresponding direction of legal regulation. Thus, in the doctrine of administrative law, attention is drawn to the principles of proceedings in cases of administrative offenses, which are disclosed through their functions. A.A. Khorev notes that these principles "... help fill a gap in the legislation on administrative offenses; establish general requirements for proceedings in cases of administrative offenses; in addition, legal principles can guarantee ensuring the rights of participants in the relevant proceedings" [13].                    

Thus, it can be concluded that the principles of law, as an institutional category, have regulatory properties, that is, principles are important for the operation of law as a whole. However, initially, the "principles of law" is a worldview definition, which eventually became official, and therefore mandatory. Violation of the principle of law makes law enforcement work illegitimate, both from a social and legal point of view. And therefore it can be said that violation of the prescription of the legal principle is the most serious offense. The functionality of legal principles is that they form a legal ideology, and also contribute to the adoption of a legal decision based on the analogy of law or analogy of law. Although it should be noted that this situation is quite rare.

As already noted, there are doctrinal principles in the system of law, the function of which is the formation of legal ideology, there are constitutional principles that influence the formation and development of sectoral principles and principles on which the content of large (important) legal institutions is based. For example, in administrative law, the key elements of this branch of law are: the institute of public service, the regulation and organization of which has its own principles, the institute of administrative responsibility, which also contains a whole system of material and procedural principles related to the implementation of this type of responsibility. It should be noted that the content of the "institutional" administrative principles is directly influenced by the principles of the branch of law as a whole.

There are intersectoral principles that do not perform the same functions in different branches of law. Thus, the principle of federalism underlies the formation of some branches of public law. As L.M. Karapetyan noted, "... the federal structure presupposes equality and independence between the federation and its subjects in the exercise of their constitutionally defined subjects of competence and competencies" [14]

The principle of federalism in administrative law allows to observe federal and regional public interests. For example, a system of legislation on the state civil service at the federal and regional levels has now been formed, in this case, the principle of federalism differentiates the civil service and creates two layers of relevant legislation. In the field of legal regulation of finance, the principle of federalism also applies, so in budget law, they talk about budget federalism, federal and regional taxes are established in tax law. In this case, the principle of federalism makes it possible to redistribute revenues and expenditures of budgets of various levels, to provide budget assistance to regions. The division of taxes into federal and regional payments makes it possible to implement a balanced tax policy, as well as to ensure the regulation of economic policy taking into account regional specifics and many other factors.

The examples above show how the same principle plays a different role in legal regulation. But this does not detract from the importance of intersectoral principles of legal regulation, but shows their necessity in the mechanism of legal regulation. For administrative and legal regulation, it is necessary to take into account intersectoral principles. This is due to the fact that this regulation concerns a wide variety of relations, and not only of a public legal nature. It is an axiom that intersectoral legal regulation is a certain compromise of private and public interests. This approach is clearly seen in complex legal entities, in particular such as: "business law", "land law", "concrete law", etc. Complex legal regulation influences the formation of a system of principles of a particular branch of law, and also contributes to the emergence of new principles.                                                                                                       

It should be noted that the content of sectoral principles and principles of an intersectoral nature that are involved in this branch of law is influenced by the subject of legal regulation. In this regard, the principles of administrative law are influenced by the subject of the relevant branch, which concerns managerial relations, police relations, as well as the law of administrative justice. All these areas of legal regulation should be reflected in the system of general principles of administrative law. Speaking about the principles of administrative law, it should be noted that this is an important component of the theory of the branch of law under consideration. As already noted, the principles enrich this branch with humanitarian and legal meaning.

In this regard, it is necessary to substantiate some provisions that, by their properties and qualities, are principles of administrative law, but before that we will give several points of view regarding the phenomenon under consideration. Thus, K.S. Belsky noted that the principles of administrative law can include: "... legality; scientific validity and accessibility for understanding by the broad masses of the people; national structure of administrative law; federalism and unity of the executive power system; prevention of offenses; guaranteed assistance and protection of citizens' rights" [15].                  

A.P. Korenev refers to the principles of administrative law: "the principle of rule-making democracy; equality of citizens before the law and law enforcement; mutual responsibility of the state and the individual; federalism; humanism; legality" [16]. It seems to us that the principle of democracy in administrative law should not be confined only to the issues of rulemaking. This principle should concern the most diverse aspects of administrative activity, and among other things, democratic principles in management contribute to the development of collegiality, as well as reduce the boundaries of unreasonable unity of command in making managerial decisions.                    

In turn, S.D. Knyazev refers to the principles of administrative law: "... ensuring the right of citizens to participate in public administration; vertical subordination of state bodies and civil servants; unity of the basic requirements for public administration and the activities of civil servants; responsibility of the state apparatus; taking into account the achievements of science in the organization of public administration" [17].     

These positions are very important from the point of view of the development of the methodology of administrative law, as well as the doctrine of the relevant issue. Meanwhile, it should be noted that the principles of administrative law are not a technical enumeration of prescriptions that, by their properties, can be classified as a "principle". The principles form a certain system and outside of this system their regulatory potential is very insignificant. It should be noted that the principles of some, one might say, large institutions of administrative law are currently being investigated. So, S.M. Skvortsov at one time gave an analysis of the principles of imposing administrative penalties, and pointed out that they have a special place in the system of principles of administrative law. Among the principles of imposing administrative penalties, according to the designated author, should be attributed: "... the principle of definiteness of the boundaries of punishment; concreteness of punishment; individualization of punishment; economy of punitive measures" [18].

The principle of economy is often mentioned in administrative law, and its use is carried out in various contexts. I must say that saving resources is always good, but this saving should not undermine the rule of law and order. Various administrative regulations provide for the time of provision of public services. On the one hand, this is correct, it is designed to intensify the process of interaction between a citizen and an official, and on the other hand, such time savings can cause harm for careful work. And in this sense, the principle of economy will not work.

The scientific literature also talks about the principle of procedural economy, this principle is reflected in some administrative proceedings. Thus, Y.S. Adushkin, in the principle of procedural economy, which takes place in disciplinary proceedings, identified three principles: "... speed, simplicity and cheapness" [19]. Of course, it is necessary to approach these principles reasonably, the terms of the disciplinary investigation can be very long, and the disciplinary proceedings themselves require material and organizational costs, which should not be neglected in order to save money.

In addition to the principles of the institute of administrative responsibility, the principles of public service are investigated. Thus, F.B. Magomedov "... highlighted the political, legal and operational principles of public service. Political and legal principles determine the place and social purpose of the institute of public service. Operational principles of public service are aimed at the implementation of utilitarian tasks of public service" [20]. These points of view speak about the functionality of the principles of administrative law, which stand out in its structural institutions.

The system of principles of administrative law is formed around the subject of this branch of law, in this regard, it can be noted that the formation of principles is influenced by the specifics of the relevant relations. In addition, the system of principles of administrative law should be built on the basis of the system of this industry. Thus, it can be said that in the system of principles of administrative law there are principles of a managerial nature, principles of a police nature, as well as principles of the law of administrative justice. The number of these principles is very significant.  Meanwhile, the general principles of administrative law and administrative activity include such principles as: consideration of national (soil) interests in the implementation of administrative policy; the inadmissibility of excessive administration, both in a positive and protective form; democratization of administrative activity throughout the vertical of its implementation; reasonableness and controllability of administrative discretion; the principle of administrative interaction and coordination; the principle of fairness of administrative decisions; the principle of administrative justice. Next, let's say a few words about the highlighted principles.

So, in the management process, it is very important to take into account national (soil) interests. This emphasizes the identity of the state in general and public administration in particular, allows us to preserve the traditions of management, as well as not to get into ambiguous situations in the event of crisis situations, as well as complication of interstate cooperation. It will also protect public administration from the penetration of various kinds of ideas regarding the formation of a service state, etc.

The inadmissibility of excessive administration, both in a positive and protective form. It is known that excessive administration constrains reasonable "creative initiative", undermines the existence of diversity of opinion, hinders the development of economic initiative, forms the ground for various abuses, and also leads to excessive administrative coercion. All of the above hinders social development.                

Reasonableness and controllability of administrative discretion.  Administrative and police management is impossible without the right of discretion, this right makes it possible to choose the most effective option of behavior, to make a balanced management decision. In this regard, discretion is necessary for administrative activities, but this discretion must have objective boundaries and be under control.

The principle of administrative interaction and coordination. In legal regulation and administrative activities, everything interacts. As noted by A.P. Ipakyan and K.S. Gevorgyan, "... interaction is one of the essential manifestations of management, because management is ensuring the consistency of joint activities" [21]. In this regard, the process of both vertical and horizontal interaction is necessary in administrative activities. This process is objective, and therefore the principle of interaction can be considered one of the key ones in administrative activities.

The principle of administrative justice can improve the quality of managerial work, take into account the urgent needs of a person. This principle will help to make the right decisions, both of a positive and protective nature, this will increase the confidence of citizens in the activities of the state. This is the general characteristic of the principles of administrative law and, accordingly, administrative activity.                                                           

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First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "On the question of the principles of administrative law and administrative activity". The subject of the study. The article proposed for review is devoted to the principles (to the question) of "... administrative law and administrative activity". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of administrative law and theory of law, while the author notes that "The question of the principles of law is not at all new, but it has to be returned to due to the need to develop legal doctrine, as well as to prepare proposals for improving administrative legislation." A large volume of scientific literature on the stated problems is studied and summarized, but not modern, analysis and discussion with the opposing authors are provided. At the same time, the author notes that "... the principles determine the content of the branch of law, moreover, they answer the question of what state this branch is in at the moment, as well as what actual problems face the application of the norms of administrative law." Research methodology. The purpose of the study is determined by the title and content of the work: "In administrative law, unfortunately, it was not possible to develop a system of universal (key) principles of this industry, this issue awaits its researcher in the future, now we will pay attention to the designated problem very schematically, due to the scope of this study." It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. In particular, the author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize various approaches of scientists to the proposed topic, based on works that do not reflect the modern realities of this issue, and influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author partially applied the formal legal method, which allowed to analyze and interpret the current Russian legislation in a general way. In particular, the following conclusions are drawn: "... it should be noted that not all branch legal disciplines have managed to reach a scientific compromise, and thus develop a coherent system of legal principles that would underlie the theory and practice of the relevant area of legal regulation," etc. At the same time, in the context of the purpose of the study, the formal legal method could be applied in conjunction with the comparative legal method, especially since even textbooks contain the principles of administrative law established by international organizations, they are also present in the scientific works of foreign authors. Thus, the methodology chosen by the author is not fully adequate to the purpose of the article, it allows you to study only certain aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important both in the world and in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "... the principles of administrative law are influenced by the subject of the relevant branch, which concerns managerial relations, police relations, as well as the law of administrative justice". And in fact, an analysis of the opponents' works should follow here, and it follows, and the author shows the ability to master the material, but in general, the science of administrative law has gone far ahead, and the author builds the whole study without using modern research on this issue. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, is this: "... the principles of administrative law do not exist independently from other legal principles, moreover, various legal processes take place in the system of the industry in question, causing an objective need to develop algorithms for the interaction of administrative and legal institutions with each other." As can be seen, these and other "theoretical" conclusions cannot be used in further scientific research. They are well-known. Thus, the materials of the article as presented cannot be of interest to the scientific community. Style, structure, content. The subject of the article does not fully correspond to the specialization of the journal "Police and Investigative Activities", rather to the journal "NB: Administrative Law and Practice of Administration", since it is devoted to the principles (to the question) "... administrative law and administrative activity". By the way, the question of administrative activity in the article is given almost a few words. The article contains an analysis of the opponents' scientific works, but not modern works (except two), so the author notes that this question and a question close to this topic have already been raised repeatedly, and the author uses their materials, discusses with opponents. References to the works of scientists from other branches of law, rather than administrative law, are not entirely clear. Moreover, there are quite a lot of modern works in 2021-2022. The content of the article partially corresponds to the title, as the author considered some of the stated problems and achieved some of the goals of his research. The quality of the presentation of the study and its results should be recognized as not fully developed. The subject, tasks, and methodology directly follow from the text of the article, but the results of legal research and scientific novelty are practically absent. The design of the work generally meets the requirements for this kind of work. Significant violations of these requirements: the absence of modern works by opponents; incorrect conclusions; the use of literature that does not reflect the current state of the problem; many inaccuracies (descriptions), for example, ""concrete law", norms of administrative law, actual problems." Bibliography. The quality of the literature presented and used should be evaluated poorly. However, the lack of modern Russian and foreign literature narrows the validity of the author's conclusions. The works of the above authors correspond to the research topic, but do not have a sign of sufficiency, contribute to the disclosure of some aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The author describes different points of view on the problem, based on works by and large that do not reflect the modern realities of this issue, argues for the correct position in his opinion, without relying on the work of opponents of contemporaries, offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are general, not specific, they are obtained using a generally accepted methodology. The article in this form cannot be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the issues stated in the article, which should be typical for legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "sending it for revision".

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "On the question of the principles of administrative law and administrative activity". The subject of the study. The article proposed for review is devoted to topical issues of the essence and implementation of the principles of administrative law and administrative activity. The author offers his own vision of the system of principles, as well as their list. The subject of the study was the norms of legislation and the opinions of scientists. Research methodology. The purpose of the study is not stated directly in the article. At the same time, it can be clearly understood from the title and content of the work. The purpose can be designated as the consideration and resolution of certain problematic aspects of the issue of the principles of administrative law and administrative activities. Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic. Using scientific methods, the author, in particular, analyzes the opinions of other authors. For example, the following conclusion is drawn: "A.P. Korenev refers to the principles of administrative law: "the principle of rule-making democracy; equality of citizens before the law and law enforcement; mutual responsibility of the state and the individual; federalism; humanism; legality" [16]. It seems to us that the principle of democracy in administrative law should not be limited only to issues of rulemaking. This principle should apply to a wide variety of aspects of administrative activity, and among other things, democratic principles in management contribute to the development of collegiality, as well as reduce the boundaries of unreasonable unity of command in making managerial decisions." Two comments should be made from the recommendations on the use of research methods. Firstly, the practical significance of the principles with reference to practice is not shown. The author writes that "the principle has not only theoretical, but also practical significance in the mechanism of operation of law." However, examples from courts or decisions of other bodies do not show exactly what this value is. It seems that the author of the article should take this point into account in his research. Secondly, the author, identifying the principles, proving their significance for theory and practice, does not indicate the normative and legal basis of the principles. Thus, the following is noted: "The reasonableness and control of administrative discretion. Administrative and police management is impossible without the right of discretion, this right makes it possible to choose the most effective behavior option, to make an informed management decision. In this regard, discretion is necessary for administrative activities, but this discretion must have objective boundaries and be under control." However, it is not clear from the article on the basis of which norms of law this principle was identified and, accordingly, how it will be applied in practice. Thus, in general, the methodology chosen by the author is adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety, but can be clarified in terms of some aspects. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of principles of administrative law and administrative activity is complex and ambiguous. The issues of the essence, purpose, system, and list of principles are unclear. An interesting question is the correlation of the principles of various branches of law, including in connection with the operation of the principles of administrative law and administrative activity. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that questions of the practical applicability of the principles often arise. Most of all, the principles of law are considered as theoretical categories, which can have negative consequences for law enforcement. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "the general principles of administrative law and administrative activity include such principles as: consideration of national (soil) interests in the implementation of administrative policy; inadmissibility of excessive administration, both in a positive and protective form; democratization of administrative activities throughout the vertical of its implementation; reasonableness and the principle of administrative discretion; the principle of administrative interaction and coordination; the principle of fairness of administrative decisions; the principle of administrative fairness. Next, let's say a few words about the highlighted principles." These and other theoretical conclusions can be used in further scientific research. At the same time, it is worth adding that the author is recommended. To conclude the article with a logical and concrete conclusion, which is traditionally assumed for scientific articles and scientific writing style. Secondly, the author suggests ideas for revealing the content of individual principles. In particular, "The principle of administrative justice can improve the quality of managerial work, take into account the urgent needs of a person. This principle will help to make the right decisions, both of a positive and protective nature, it will increase the confidence of citizens in the activities of the state." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Police and Investigative Activities", as it is devoted to legal problems related to the principles of administrative activity, which is relevant to the issues raised in the journal. The content of the article fully corresponds to the title, as the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. There are recommendations for improving the design of the list of references. It is worth specifying publishing houses for monographs and books. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia (Korobka L.E., Borodyansky V.I., Yusupov V.A., Knyazev S.D., Admiralova I.A., Kelina S.G., Kudryavtsev V.N. and others). Many of the cited scientists are recognized scientists in the field of principles of certain branches of law. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the principles of administrative law and administrative activities. The following should be mentioned as recommendations for improving the work. 1. The principles are not related to the norms of law. Each of the principles should be disclosed with references to the norms of law.
2. Improve the style, taking into account the basic rules of writing scientific articles. In particular, to make a conclusion on the article and a conclusion. "This is the general characteristic of the principles of administrative law and, accordingly, administrative activity." 3. Make a list of references. There are no publishing houses. 4. Think about the possibility of including a practice that shows the possibilities for using the principles. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"