LIMITS OF ADMINISTRATIVE RULE-MAKING

The article examines the role and the importance of current administrative rule-making and identifies its limits, based on the analysis of legislation, by-laws, the practice of higher judicial bodies, and scientific sources. The author mentions that the line between the law and the administrative act has been finally blurred: the former has acquired the character of an instant response, lost its values content and no longer claims to universality, and the latter has represented itself as a universal regulator that exceeds the law. It is shown that when the ordinary legislation becomes powerless in atypical situations, and documents and rules no longer coincide with each other, the acts of public administration will take priority. The author concludes that, in ordinary situations, the administrative rule-making is consistently limited by the types of its subjects, their competence, the object of rule-making, and the public administration situation.