Mechanism of administrative legal regulation and its constituent elements

It is indicated that a mandatory prerequisite for a high level of fundamental scientific research on issues of administrative law, as well as the possibility of the science of administrative law to serve as a progressive theoretical and legal basis for the understanding and improvement of phenomena and processes that occur during the implementation of the norms of administrative law, is the achievement of the correct understanding of the fundamental theoretical constructions of administrative law. One of them, which is in great demand among the scientific and professional community in their activities, is the mechanism of administrative and legal regulation. This key constituent element of the conceptual-categorical apparatus of administrative law is an administrative-legal variation of the legal mechanism, ideas about which are developed within the framework of legal theory. Having regard to the views expressed by legal theorists and representatives of the science of administrative law on the essence of the mechanism of administrative legal regulation, the author came to the conclusion that the mechanism of administrative legal regulation is an ordered set of legal means, which in their interrelationship ensure the proper functioning of the state and local self-government with the aim of satisfying to the greatest extent the legitimate interests of private persons and civil society as well as of achieving other goals of administrative law in the relevant sphere of public law relations. Nevertheless, the statement that the mechanism of administrative legal regulation governs social relations seems unfounded, because it artificially narrows the structure of this type of legal mechanism to the norms of the law, while to ensure the implementation of the regulatory influence of the law, it includes other elements necessary for this. Moreover, it could be considered wrong from the point of view of formal logic to encompass the its goal by the definition of the mechanism of administrative legal regulation, because if the mechanism of administrative legal regulation itself is meant, then it is automatically aimed at realizing the goal of administrative-legal regulation, which excludes the need for its duplication in its definition. The system of legal means that form the mechanism of administrative and legal regulation includes norms of administrative law and acts of their official interpretation, administrative legal relations (including relevant legal facts and factual structures), acts of fulfillment of rights and duties in these legal relations (including, acts of application of legal norms), as well as legal awareness of participants in administrative legal relations (as an optional element).