Protective function of administrative law: concept and realization

The article deals with the concept of protective function from a position of the theory of systems; its content is analyzed in the context of system- legal category. The attention is paid to the forms of its realization - prevention of offences (a preventive sub function) and separate types of administrative procedures, which are characterized by a protective directionality. When writing the article, the author examined the content of a protective function of administrative law, revealed its elements and ascertained the mechanism of its interaction with a regulatory function. The analysis of preventive activity as forms of realization of guarding function of administrative law is carried out. The place of administrative and procedural production in the system of other procedural regulators is specified; need for adoption of the Federal Law "About Administrative Procedure" is proved; administrative procedures in the context of realization of guarding function of administrative law are analyzed. The author used the following methods: system analysis, dialectic, logic, a comparative legal method, analysis and synthesis, induction and deduction. The research resulted in the following conclusions: - preventive measures must be based on the formation of the need for lawful behavior on the part of subjects, their internal assurance in need to observe current legislation and intolerance to its violations and the conditions which provide them; - the main way of formation of persuasion is the creation and realization of educational mechanism and appropriate means of educational impact on consciousness, views and feelings of citizens at all stages of formation of the personality (the kernel of a preventive mechanism) ; - it is necessary to reduce the system of preventive legislation and related normative legal acts to a "common denominator", having eliminated contradictory provisions, atypical definitions and other shortcomings. The Federal Law "About Bases of System of Prevention of Offences in the Russian Federation" has to act as the backbone legal document. - administrative procedures of "positive" contents are characterized by a pronounced protective orientation, they participate in the realization of a protective function of administrative law, playing a securing role; - control and supervising procedure is directed at the prevention, identification and suppression of offenses that emphasizes its securing content; - expert and certifying administrative procedures illustrate a guarding orientation of administrative procedures in the context of ensuring environmental protection.

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