Siberian Federal University 
- Issue
- Journal of Siberian Federal University. Humanities & Social Sciences. 2025 18 (5)
- Authors
- Dolzhikov, Aleksei V.
- Contact information
- Dolzhikov, Aleksei V.: St. Petersburg State University St. Petersburg, Russian Federation; a.dolzhikov@spbu.ru
- Keywords
- administrative action; administrative arbitrariness; principle of legality; police power; public services
- Abstract
Legality seems to be a commonplace in Russian jurisprudence, including administrative law. It is declared as the goal and principle for administrative agencies. However, as a limitation of administrative arbitrariness, this principle has not received proper analysis. Hence, a divide between negative and positive functions of this principle in administrative law is important. The article includes three parts. The first part briefly covers the history of the legality as an anti-despotism idea. This article argues on narrow understanding of legality as a limitation of abuse of power. Thus, the second part undertakes analysis of constitutional framework of the legality principle. The author argues that the scope of legality remains uncertain. Negative and positive functions help better to understand this principle in administrative law. Accordingly, the third part considers a legislation framework of this principle both in the field of police power and public services
- Pages
- 925–933
- EDN
- SSHUKO
- Paper at repository of SibFU
- https://elib.sfu-kras.ru/handle/2311/156120
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).