On the Right to Existence of the Administrative Law Method: Pro et Contra

Administrative‑legal policy sometimes contradicts those dogmatic (in the positive sense of the word) principles and concepts that have been formed in administrative‑legal science for decades. Such a phenomenon as the method of administrative law is no exception. The method of administrative law is not just a theoretical construction, not just a formalization of the statement of how norms affect public relations in the sphere of public administration, but the key to understanding a number of problematic situations from the point of view of the subject of legal regulation. The purpose of the study is to answer the question of the need for such a category as the method of administrative law against the background of the “erosion” of the industry according to the criterion of the emergence of specific groups of public relations allegedly “matured” to qualitative isolation in independent industries. Using comparative‑historical, comparative‑legal methods, as well as the method of system analysis, the conclusion is made that the method of administrative law cannot be reduced to mono‑methods of the triad “permission ‑ prescription ‑ prohibition”. Administrative‑legal theory should generate knowledge about special administrative‑legal methods, which are determined by the structure of the method of legal regulation: about the method of ascending and descending subordination, about the method of delegating administrative powers, about the method of power dispositivity. This kind of increase in scientific knowledge creates prospects for bringing into the proper system not only branches of law and legal institutions, but also methods of protecting the law within the framework of the types of legal proceedings laid down by the Constitution of the Russian Federation, as well as administrative and alternative methods of resolving administrative disputes.