Gromova, G.A. Theoretical problems of singling out administrative law in the Russian jurisprudence

Abstract: The article concerns stages of development and nature of administrative law as reflecting the political and historical specificities of the Russian state, the author discusses the problems of singling out administrative law as a separate branch of law. The author provides historical legal analysis of the problems regarding development of the science of administrative law. The author analyzes the main features of internal development of the forms of management and administration of the state administration system, regulation of state administration by the state, development of norms, definition and science of administrative law. The article contains analysis of object and system of administrative law in various historical periods. The study of history of development and formation of administrative law via the comparative analysis methods facilitates comprehensive scientific understanding and theoretical substantiation of existing administrative law, as well as the stages of its development, which is important for the active development of new theoretical legal and legislative instruments for the regulation of relations, appearance of new disciplines, sub-disciplines and institutions of the legal system. The article also involves diachronic comparison methods. The author studies police and administrative legislation of Russia in XVIII–XIX centuries, comparing the stages of development of the Russian administrative legal thought in XVII — early XX centuries. The author then draws conclusions on the development of administrative legal science regarding definition of its object, methodology, system, formation of the main administrative law categories. For the comparison purposes the author takes the Russian legal system (internal comparison), allowing for the general characteristics of the certain existing Russian legal system. In order to study administrative legislation the author uses Russian legal system and the police law of Germany, since the science of administrative law in Russia appeared and developed under the direct influence of the Western European law and literature. Depending on the objects of studies comparison is made at various levels. The author provides texts of the norms, that are being compared, providing comparison of the norms of XVII–XIX centuries and current norms (microcomparison). In additional the author uses comparison of legal institutions (branch comparison) in regard of the legal system in general and studies of the social factors. The normative comparison includes comparison of similar legal norms, institutions, legislative acts, existing terminology, normative comparison. The studies of definition and changes in the administrative law from the standpoint of historical specificity of Russia is due to understanding that regulation of social relations in the sphere of state administration may only be understood when stages of its developments are duly comprehended. The study of history of development and formation of the administrative law, history of administrative legal thought of Russia facilitates the most complete scientific understanding and theoretical substantiation of the formed administrative law, stages of its development, which is important for the development of new theoretical legal and legislative instruments for the regulation of relations, appearance of the new disciplines, sub-disciplines and institutions in the legal system. This is what practical value of this work is concerned with. The scientific historical and legal literature has insufficient amount of studies devoted to these issues. Some aspects of the issue are studied only within the science of history of state and law, where they are traditionally viewed for each historical epoch and period of development of the state and law independently. That is why topicality of the historical legal analysis of administrative law, which in the end may facilitate the historical development, finding the comprehensive approach towards the current administrative legislation in Russia, is so relevant, since the choice of literature on the history of administrative law of Russia is rather scarce.

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