Administrative and Legal Means of Ensuring Human Welfare

Human welfare is ensured by administrative and legal means, however, the set of such means in legal research is not systematized and the definition of administrative and legal means is insufficiently elaborated. The lack of a clear systematization of administrative and legal means of ensuring welfare can cause legal uncertainty, violation of the principles of legality and legal protection, reduce the effectiveness of public administration and trust in the state, and entail corruption risks. Based on the analysis of scientific works and norms of administrative law, the paper establishes that the key administrative and legal means of ensuring human welfare are legal norms, legal relations, and acts of application of legal norms. It is proved that administrative and legal norms determine the effectiveness of the state’s activities to ensure human welfare. By regulating the rights and duties of entities, they ensure the unity of the management system and the optimization of public relations in the field of executive power. Administrative and legal relations are a tool for the practical implementation of relevant regulations. It has been established that in the context of modern challenges and threats, administrative acts play an increasingly important role in shaping the legal framework for socio-economic development and ensuring human welfare. The imperative nature of administrative and legal means helps to establish a balance between the government regulations of the state and ensuring guarantees of citizens’ rights and freedoms. Thus, the systematization of key means of ensuring human welfare makes it possible to eliminate legal uncertainty and increase the effectiveness of public administration in this area.

1. Agapov EP. The phenomenon of social well-being: A philosophical understanding. Otechestvennyy zhurnal sotsialnoi raboty. 2017;2:44-52. (In Russ.).

2. Alekseev SS. The mechanism of legal regulation in a socialist state. Moscow: Jurid. lit. Publ.; 1966. (In Russ.).

3. Alekseev SS. Theory of law. Moscow: Bek Publ.; 1994. (In Russ.).

4. Baturina YuB. Legal form and legal means in the system of concepts of the theory of law. Cand. Diss. (Law). Moscow; 2001. (In Russ.).

5. Belyavsky NN. Police law (Administrative law). Petrograd; 1915. (In Russ.).

6. Bezhentsev AA, Pikina EA. The concept and essence of administrative and legal means of management activities to ensure road safety. Zakon i pravo [Law and Legislation]. 2018;10:150-155. (In Russ.).

7. Bukina EE. Legal dealienation as the basis of human welfare. Vestnik nauki Sibiri. 2015;4(19):23-30. (In Russ.).

8. Emelyanov AS. The mechanism of administrative and legal regulation. Zhurnal Rossiyskogo Prava [Journal of Russian Law]. 2024;8:127-145. (In Russ.).

9. Ivanova MA. Welfare as a legal category. Yuridicheskiy mir [Juridical World]. 2024:11-15. (In Russ.).

10. Ivanovsky VV. Textbook of administrative law. Kazan; 1911. (In Russ.).

11. Kapralova EA. Social well-being as a philosophical problem: Historical and Semantic analysis (from Antiquity to the 20th Century). Norwegian Journal of Development of the International Science. 2022;78-2:55-61. (In Russ.).

12. Kononov PI. Current problems of administrative law: A textbook. Moscow: Knorus Publ.; 2023. (In Russ.).

13. Matuzov NI, Malko AV, eds. Theory of State and Law: A course of lectures. Moscow; 2001. (In Russ.).

14. Milkov AV. Towards the definition of the concept of «legal means». Problemy ekonomiki i iuridicheskoi praktiki. 2009;1:113-115. (In Russ.).

15. Nagornykh RV. Administrative and legal means of regulating public service in the law enforcement sphere. Penitentsiarnaia nauka. 2019;13(4):558-562. (In Russ.).

16. Puginsky BI. Civil law means in economic relations. Moscow: Jurid. lit. Publ.; 1984. (In Russ.).

17. Rukavishnikov SM. Administrative and legal means of organizing higher education and training scientific and pedagogical personnel. Gumanitarnye i iuridicheskie issledovaniia. 2023;10(1):136-141. (In Russ.).

18. Sapun VA. The theory of legal means and the mechanism of implementation of law. Dr. Diss. (Law).

19. N. Novgorod; 2002. (In Russ.).

20. Shergin AA. The concept and content of the mechanism of administrative and legal regulation. Nauchnyi portal MVD Rossii. 2009;1:3-12. (In Russ.).

21. Smorchkova LN. On the methodology of administrative and legal regulation in the field of economics.

22. Administrativnoe pravo i protsess [Administrative Law and Procedure]. 2024;6:15-18. (In Russ.).

23. Trofimova IA. Some aspects of administrative and legal regulation of registration activities. Gosudarstvennaia sluzhba i kadry. 2020;2:181-185. (In Russ.).

24. Trufanov ME. Stable relevance of the study of the administrative law enforcement act. Courier of Kutafin Moscow State Law University (MSAL). 2024;5:159-164. (In Russ.).

25. Yusupov VA. Works on administrative law: in 3 volumes. Vol. 3. Moscow: Eurasian Academy of Administrative Sciences; 2014. (In Russ.).