What is Administrative Law?First of all, it is an independent branch of law, which must comply with all the citizens of the state, as well as persons who are within it.
Code of Administrative Offences of the Russian Federation - is the main legislative act, which provides for various types of punishment for a particular offense.However, in order to apply a separate form of punishment for any offense, you must follow the norms established by the legislation.
way or another, but in the presence of an administrative offense the offender must be punished.Produced exclusively in this established procedure, which is called the administrative process.Legal Literature division provides administrative proceedings on stage, each of which carried out certain actions.That stage of the administrative process and we would like to explain in more detail, but first should define what is an administrative process.
administrative process - an activity which is carried out by specially authorized bodies and persons.This activity is associated with excitation, consideration and decision of the administrative affairs of a different nature.To date, the administrative process (or administrative proceedings) may be carried out in the following areas:
- disciplinary offenses;
- appeals of citizens (this includes statements, complaints and suggestions);
- cases of administrative offenses (examination of cases on the fact of action, compounds which provide dispositions of articles of the Administrative Code of the Russian Federation);
- cases of various types of promotions;
- licensing and permitting production;
- proceedings on registration issues.
legislator provides two versions of the administrative process:
- jurisdictional production, which includes consideration of administrative cases and complaints and appeals of citizens.
- procedural production, which represents production of registration issues and licensing and permitting production.
administrative process consists of three main stages:
- initiate administrative proceedings;
- the case;
- ruling on the review of materials.
Now I would like to describe each of these steps in more detail.
Excitation administrative case
This stage begins from the moment of registration of the relevant document evidencing the person has committed an administrative offense - Protocol.This stage can be considered not only a procedural action - and it is a legal fact, which indicates the origin of administrative and procedural relations between the subjects.As for the person who contributes to this stage, they can be both commissioners and ordinary civil (for example, at the time of the complaint).
the first stage may be conducted an administrative investigation.
The case
Unlike the first stage, the implementation of cases on administrative offenses involved only authorized bodies.Typically, this step is carried out in the presence of the offender.The result of the proceedings is the imposition of decisions - decisions.
adopted a resolution
This is the final stage of the administrative proceedings.According to the results of the proceedings authorized by the person who carried out the second stage, it is required to render its decision and place it properly in compliance with all regulations.
In the step of deciding the case, and may include optional step, that is, those that are not mandatory.These include:
- appeal against the decision in a higher competent authorities;
- review of the decision.
administrative process involves these steps only if the person against whom the decision was made not in accordance with its wording and wishes to appeal it.Doing so provides and criminal legislation, which is called the "appeal".
