The system of principles of administrative law: seeking a balance between management efficiency and individual rights guarantees

The subject of the research is the methodological foundations for constructing a system of principles of administrative law. The object of the research is the system of principles of administrative law in the Russian Federation and doctrinal approaches to its understanding. The study focuses on the theoretical and methodological deficiencies of modern domestic and foreign approaches to the systematization of these principles. A critical analysis of existing models (A.V. Dolzhikova, K.V. Davydov) was conducted, revealing their methodological shortcomings, the main one being the blending of legal and managerial elements. A central aspect of the subject is the development and justification of an integral hierarchical model of the system of principles aimed at overcoming the identified methodological problems and establishing clear boundaries between principles of law and principles of the organization of executive power. Key questions considered include: methodological shortcomings of approaches to the systematization of principles; criteria for distinguishing between principles of law and principles of state administration; construction of a hierarchical model that ensures a balance between the effectiveness of governance and the guarantees of personal rights. The methodological foundation of the research consists of general scientific and specialized scientific methods. A systemic-structural approach was used as the general theoretical framework. At the level of specialized scientific methodology, comparative-legal and formal-legal methods were applied. The use of logical methods (analysis, synthesis) allowed for a critical analysis of doctrinal approaches and the construction of a hierarchical model of principles of administrative law. The scientific novelty of the research lies in the development of an integral three-level model of the system of principles of administrative law. The practical significance of the model was confirmed by the example of license revocation by Rosalkogolregulirovanie: the application of the author's model of the system of principles of administrative law revealed a violation of the principle of proportionality when the authority did not consider less restrictive alternatives. A special contribution of the author is not only a clear distinction between the principles of administrative law and the principles of the organization of executive power, but also the creation of a working tool for judicial review. The composition of principles at each level is detailed: general legal (priority of human rights, justice), inter-sectoral (transparency, adversarial nature), and sectoral (legal certainty, proportionality). The proposed model adequately reflects the dualistic nature of administrative law; performs restricting and structuring functions regarding public administration; can be applied in legislative and law enforcement activities, as well as in scientific and pedagogical work to improve administrative legislation and strengthen guarantees of personal rights.

administrative law, principles of law, system of principles, public administration, executive power, efficiency of management, guarantees of individual rights, principle of proportionality, hierarchical model, theory of law