One variety of legal relations are administrative, in which one of the subjects is always the authoritative body or its official.Can they be initiated by either side, while the other desire is not always mandatory.What is the administrative relations, from which they are made, who may be their subject?The short answer to these questions.
concept
administrative legal relations - legal norms enshrined public relations arising and existing in connection with the activities of the executive bodies.
structure
administrative relations consist of content, object and subject.
content includes two aspects: legal (subjective rights and duties) and material (the behavior of the subjects).Object relations is an act of man, his willful behavior.
subject appears:
- Russian citizens;
- local governments, public administration (executive) officials of the bodies;
- on the territory of the state - Russia - stateless persons, citizens of other states;
- institutions, enterprises, organizations.
Features
administrative relations - has all common features, and has its own peculiarities kind of relations.These features include the following:
- one of the parties (mandatory) - the official or body of public administration, the executive branch;
- This aspect of implementing powers granted;
- Most disputes are resolved in an administrative order;
- parties relationships are not equal in status.
Types of administrative relations
They are divided into intra and external.The first result from the internal activity of government bodies and officials.The latter exist in connection with the implementation of management functions.Also allocate coordination and subordination of administrative legal relations.The latter is a relationship built on the will of the legal entity authoritarian control.When focal respects this is not authoritarianism.
in the legal nature of the interactions they are divided into vertical and horizontal.The first is the power relations in which the subject of management has a direct impact on the control over another person.When the horizontal relations between the parties are legally and practically equal.
Administrative and legal norms and attitudes
Management is carried out by fastening them to the legal provisions of the various legislative acts.General provisions are contained in the Constitution, and the main act in the sphere of administrative relations is the Administrative Code.The administrative law is precisely defined, who should arise between relationship and what they will have rights and responsibilities.
existing rights and interests in the administrative relationship can be protected by the courts, but often the decision is made, one party - the subject of management.Such an entity may refuse the request, to provide guidance, to demand an explanation, to use means of disciplinary and administrative coercion.
Unlike civil law relations, administrative law, liability does not arise to another entity, but directly by the state.
administrative-legal relations arise both because of legitimate and due to misconduct.The former include filing complaints against the actions of the executive body.The second group - the person committing an administrative offense.
