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THE EVOLUTION OF ADMINISTRATIVE LAW STATUS OF FEDERAL EXECUTIVE AGENCIES

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PDF: Author(s): Morozov V. E., Stepenko V. E.,
Number of journal: 2(55) Date: May 2021
Annotation:

The article analyzes the comprehension and structure of the administrative law status of federal executive agencies. The research takes into account the views of Soviet and Russian scientists on the legal status of government bodies. It is concluded that the concept of administrative law status is understood as a political and law category connecting political, managerial and legal principles. For instance, the authors take note the presence of mandatory blocks of administrative law status and analyze their differences. Taking into account doctrinal studies of the theoretical foundations of the law status of the executive body in the federal government system, the article indicates modern guidelines for the development of federal executive bodies. The authors draw attention to the dynamics of improving the functional orientation of the executive authorities. The development of the functional orientation is determined by the introduction of mandatory requirements that established the concept of the work of federal ministries and departments. Thus, the authors formulated a conclusion about the introduction of the requirements for the activities of the federal executive authorities by the regulatory reform. The authors highlight the impact of regulatory reform on the performance of state functions. For example, due to the application of legislation on mandatory requirements, by-laws will change significantly. First, the analysis of the principles of establishing mandatory requirements showed that the regulatory legal acts of the federal executive authorities will only be able to establish mandatory requirements as an exception. Generally, law will establish mandatory requirements. Secondly, the control and supervisory function of the federal executive authorities will change significantly, since the implementation of mandatory requirements is carried out within the framework of control and supervisory activities Therefore, in the article, the authors attempt to unify theoretical concepts about the administrative and legal status of the federal executive body in accordance with the introduction of regulatory policy as a new stage of administrative reform.

Keywords:

administrative reform, “regulatory guillotine”, legal status, administrative and legal status, federal executive agencies, government bodies, mandatory requirements, state functions, state control (supervision), subordinate lawmaking.

For citation:

Stepenko V. E., Morozov V. E. The evolution of administrative law status of federal executive agencies. Business. Education. Law, 2021, no. 2, pp. 214—218. DOI: 10.25683/VOLBI.2021.55.250.