What still is the administrative relationship?This public relations arising only in the implementation of the norms of the particular law that is administrative.
legal elements, as well as their symptoms are different.The latter should include:
- flow in state.management;
-subekt they must be given exactly the state governmental authority having administrative-executive in nature;
- actions of the subjects mentioned above, a legally-power;
- administrative disputes brought to court only in individual cases, but taken in the order in a court decision can be appealed under any circumstances;
- the party that has violated the rules of administrative law, shall be liable to anyone whatsoever, namely the state.
administrative relations have their own structure.Elements - are objects and, of course, actors.Also, the elements include content, which secrete the legal and financial side.It is worth noting that the subjects - are participants, the object of the offense and the legal relationship - defined benefit.The man himself can not be the object.
direct object of administrative legal relations - the act or behavior of a person, because it is through the action of people have an impact on the world around us.
entity acts as a person who is endowed with certain rights and responsibilities.He should be capable.
Sometimes the subjects are divided into two groups.The first consists of the organization, the second - citizens.Some lawyers believe this division is unfortunate, since the number of participants of legal relations is determined accurately.
concept of "citizen" is associated with a group of subjective rights and duties.The social status of a particular person here at all to do with it.Note that some of the rights originally belong to us, and we get some for yourself.Important and those and others.
Organization - structural units and their labor collectives.It is not necessary to identify the collective entities and legal entities, as the differences between them abound.
many cases where lawyers are trying to identify the concept of "legal person" and "collective subject."Just note that between these concepts plenty of differences.The first is much wider than the other, because, of course, it covers more subjects.
administrative relations can have such a person, as an officer.The situation is specific in that it alone makes decisions as a citizen, however, acting for and on behalf of any organization.
administrative relations are characteristic features.Here they are:
- an area in which they are formed, is quite specific.It is directly on the field of public administration.Importantly, they can not only occur in connection with the control, but also with regard to him.It's about the fact that they are at the time when the control action is not available, but it is certain preparation, that is sought the law, collect documents, and so on;
- the presence of the mandatory subject in this case is mandatory.It's about the fact that no entity that is vested with public authority, of any administrative and legal relations out of the question;
- above entity legally obliged to act with authority;
- the initiative can only come from one side.According to the second side or not - it has no value at all.
The GC said that the administrative disputes are resolved without a trial, however, any decision taken in this way, the court still could be appealed.Failure in any appeal against it is possible.
