A.S. Sukharev. Problems of Terminological Base in Administrative Law’s Theory

Abstract: Administrative law is one of the most important branches of law in the Russian Federation. Rules of this branch govern the majority of legal public relations, developed equally in the sphere of system and structure of state bodies’ organization and in the sphere of their legal public activity. The subject of administrative law is public relations, which occur, are modified and ceased during realization of the executive power, public administration and other non-administrative by-laws regulatory authoritative power. Rules of administrative law are so numerous and the subject of their legal regulation is so broad that it is appeared crucial to state unique definitions – legal concepts, on which this branch of law theory is based. In administrative law theory the concept of public administration is most known as independent type of authoritative public activity, having organizational, executive-regulatory, by-laws nature, executed by special category of administrative law subjects – state bodies (and their officials) with regard to practical realization of tasks and state functions during day-to-day and direct regulation of economic, social, cultural political and administrative construction. Notwithstanding some difference in opinion, many scientists specialized in administrative law emphasize traditionally organizational, executive and regulatory nature of administrative public activity, focused on decision-making on main tasks and performance of main state functions. At the same time many authors adhere to an opinion in their publications with regard to different conceptual filling of term, speaking of public administration in broad and narrow sense. Such approach to determination of the general concept of public administration is supposed to be controversial. The definition of public administration is thought to be unique regardless of broadness (or narrowness) of sense. Some of the scientists specialized in administrative law make no distinction between public administration and realization of the executive power. This position is supposed to be controversial, since public administration as a type of by-laws, organizational, executive-regulatory and law-enforcement activity appears in every state body, including those which are not related to the executive branch. In this article the attempt was made with regard to content analysis of the concept “public administration” and delimitation of this legal concept from similar in substance, but not identical legal concepts – realization of the executive power and other by-laws authoritative power.