Public Interest and Genesis of Administrative Law

Abstract

The origin and development of administrative law is a long process. His study requires the establishment of basic prerequisites, as well as circumstances leading to the transition from generation to emergence, from emergence to formation, from one stage of development to the next. It is fair to recognize the public awareness of public interests as the basic prerequisite for the emergence of administrative law. Not the interests of an individual or their group, but the interests of the state and society as a whole. The subsequent complication of the system of public interests, expressed in various integrative-differential processes, determined, among other things, the progressive development of administrative law. This study aims to establish patterns that reflect the interdependence that exists between the development of the public interest system and the genesis of administrative law. An analysis of these patterns allowed us to conclude that there is a functional dependence between the system of public interests and administrative law, which is expressed in the fact that public awareness of public interests was the basic prerequisite for the emergence of administrative law. The subsequent genesis of administrative law was due to the development of the system of public interests, its complication, expressed in deepening integrative-differential processes within it. The methodology of this study is based on a complex of various means and methods of scientific knowledge. Its foundation is formed by general means, such as observation, abstraction, induction and deduction, analysis and synthesis, ascent from the abstract to the concrete. Due to the fact that the system of public interests and administrative law are considered in their development, the philosophical basis of this study is the dialectical approach. At the special-industry level of knowledge, formal-legal, historical, comparative methods are used. The specificity of the chosen subject of research also requires the use of logical, structuralfunctional and factor analysis. If necessary, the reliability of the results of the study is ensured by bringing verified empirical data, as well as a description of specific historical events. The structure of this article is determined by the goal of establishing the relationship that exists between the system of public interests and the genesis of administrative law, which involves the consideration of the following issues: the concept of public interest, the subject and method of administrative law in the context of the history of their comprehension, the impact of foreign legal doctrines on the scope of administrative regulation in Russia, the features of the formation and development of the science of administrative law, the main definitions of public administration and its meaning in public life.
For citation: Emelyanov A.S. Public Interest and Genesis of Administrative Law. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 48–76. (In Russ.). DOI: 10.17323/2072- 8166.2021.5.48.76.