administrative relations - an area is interesting because it involved a wide range of entities involved in the activity.Participants of the corresponding type of communications can be citizens, companies, state and municipal authorities.Consider how the interaction between them in vision Russian lawyers.
administrative-law relationship: actors
According to the common interpretation of the Russian lawyers, subject to administrative and legal relations can be regarded as the communication partner, carrying out activities at the executive level of the state, region or municipality, usually associated with political control.Typically, the relevant entities relations appear directly institutions of power structures and officials whose status is formalized in federal, state or municipal laws.The variant in which those are not only executive bodies but also courts, associations and even physical persons.There are individual subjects of administrative legal relations, and there are collective (we'll look at these and other criteria for their classification).
status, implying the "subjectivity" in the legal aspect of this type, according to lawyers who can be understood as a permanent or intermittent phenomenon.Some experts believe that more rightly characterize his first feature.So, for example, a certain officer has managerial responsibilities not only in the time of active interaction with other legal entities, but also throughout the period of its official activities.There is another point of view.According to her, the authority or officer becomes subject of legal relations only in case of interaction with other participants in communication.
Thus, the key actors of the administrative-legal relations, according to the common interpretation - is the state organs, government institutions or organizations, and in some cases, physical persons who have rights and obligations in the framework of the powers determined by the specifics of the respectivebranch of law.What are the criteria to fix the status of activities, referred to, it allocates the experts?On what grounds can define administrative-law relationship?Consider them.Terms
occurrence administrative relations
administrative-legal relations, subjects of legal relations arise in the following set of conditions.This list is not exhaustive, but it is a basic range of factors, the relevance of which is fixed in an environment of modern Russian lawyers.First, the action must be legal and administrative regulations that prescribe legal subjects relevant rules of conduct obligations.Second, it is assumed that participants have recognized legal capacity relationship.Thirdly, should be the basis for the emergence of the appropriate type of interaction of subjects.
Classification of legal entities
subjects of administrative legal relations, according to Russian law, can be classified into several groups.Which ones?The subjects of administrative legal relations are divided into two main categories, according to the Russian common legal classification.This is the group of subjects that presented by individual players of the process, and one which includes the collective participants.The former include: Russian citizens, foreigners and stateless persons.To the second: government, state and municipal government, state corporations and public organizations and labor collectives.The subjects of administrative legal relations are, despite the narrowness of the corresponding direction of regulation, very different types of participants in public communication.Of course, if we take as a basis for widespread among Russian legal point of view.
legal classification
consider what what are the subjects of administrative legal relations, we can examine the classification of the corresponding type of activities.Modern Russian lawyers identify the following criteria.The main administrative and legal relationships are:
- involving subordinate structures (usually, this applies to government institutions);
- the interaction of actors on the same level;
- between government institutions and organizations (institutions, associations);
- between state and municipal authorities;
- between the authorities and citizens;
- the interaction of individuals and organizations;
- between municipal authorities, citizens and organizations.
Some experts believe that classifying the legal relationship in question, it is useful also in terms of the specificity of the state structure.Regarding Russia, so you can select the following types of activity:
- between federal and regional authorities (as a rule, in the aspect of the interaction of the executive branch);
- involving various institutions of political control of the RF subjects of the same level;
- between regional authorities and local administrative-territorial structure.
There are several criteria which are classified on the basis of administrative legal relations.Examples: The goal of occurrence of corresponding relations, the nature of legal facts, the content.Consider the features of each.
If we take as a basis for the purpose of occurrence relations in question, they can be divided, according to the modern Russian lawyers, internal and external.The former includes activities, based on the interaction of officials and structural units within individual departments.The second group - the relationships that are formed in the process of communication between different types of actors.For example, between some authorities and citizens.
Regarding the characteristics of the legal facts, members of the administrative and legal relations can enter into interaction with each other in view of the legality of certain actions, or lack thereof.Another classification criterion considered activities that we noted above - the content of the relationship.Where lawyers are divided on their substantive and procedural.The former include communication, regulated sources of law provisions of a material nature.In the second part of administrative law relationships interact within the procedural rules.
administrative relationships: procedural aspect
consider this aspect of the interaction between the participants of communication.What are the subjects of the administrative procedure relations?The fact that their range is very wide.First of all, because the relevant legal regulation covers a large number of public and state institutions and activities of citizens.The subjects of the administrative procedure relations - is, according to the common in Russian legal concepts, citizens, persons without citizenship in respect of any State, labor and community organizations, as well as, in fact, the structure of which, by virtue of its powers play a key role in the administrative processes.A significant role in this sphere courts play.
As regards the procedural aspect of the subjects of administrative relations from the GPS (civil law specialization in universities and research institutions) are understood as a set of three types of communication partner.Firstly, it is the subjects which have exclusive authority in terms of political power - the president, the government and other senior executive bodies.Second, a group of participants in respect of which the control - citizens, businesses, non-profit organizations.Third, it is the subjects that occupy an intermediate position: both can be carriers of power, and to be accountable to a higher political structures.It is, in fact, regional and municipal authorities and officials.
administrative-law relationship: appearance, speed, cease
will be useful to examine the aspect of the occurrence of this type of activities, their progress, change and termination.The legal theory is that setting the standard, according to which any kind of legal relationship arises because of the emergence of legal facts.We have noted that their essence can be a criterion for the classification of the corresponding interaction of subjects.Now consider what is the legal facts in more detail.
In modern science, their essence is defined as follows.Legal facts - it's the circumstances that due to the action of current legal provisions establish, change or terminate legal relations.They can be two basic types: those that reflect the occurrence of certain material things, as well as those that record the fact that the relevant phenomena provided in the sources of law as the basis for the legal consequences.We explore the most notable characteristic of the legal facts.
Legal facts as the basis for the emergence of legal relations
For a start it is worth noting that the nature of the relevant facts lies mainly in the social plane.That is, they appear as a result of certain life circumstances.The next stage of their formation - the correlation with existing legal norms.The facts in question are generally classified into two types - it acts or events.
The former include activities resulting from the subjective will of the direct participants of legal relations.Their essence can be legitimate or not to have such properties.By the legal facts of the first type include, for example, the publication by the authority of some order, decree or other source rules, allowing some control process within the powers entrusted.Or perform a political institution statutory action.In turn, the illegal actions of actors - those that violate the relevant requirements and conditions set out in the existing rules.
Events - this, in turn, the legal facts, which do not depend on the will of the subjects of legal relations.This may be, for example, the action of some external factors, the nature of the market.Or liabilities arising out of any period of time - for example, the need to replace a passport in connection with the achievement of a certain age.For this reason, the citizen has an obligation to enter into administrative and legal relations with the Migration Service, and to issue a new identity document.
subject of administrative relations after identifying legal facts may acquire certain rights or obligations.Their follow-up action may be under some responsibility.At one particular moment there are administrative-law relationship?Examples here can be very different.Consider a very simple.For example, a citizen goes to city hall with a view to complain about the poor quality of asphalt pavement in the yard of his house - in writing.He thereby commits an act that forms the legal fact.In accordance with the rules provided for administrative and legal nature, the municipality accepts the application for review.And from that moment the corresponding relationship, in fact, begin.Content
administrative relations
Subjects administrative relations interact in two basic areas - financial and legal.Concerning the first - the communication is based on the essence of the parties' behavior.During the second subject of administrative law relationships interact on the basis of the presence of specific legal rights or obligations.
Thus, in terms of content, activity in question constitute a permanent relationship of rights and duties of subjects.If some aspect of the relationship has legal powers, the other becomes obliged.In turn, in the legal and administrative regulations contain language assuming responsibility for non-compliance with the relevant requirements of participants in the interaction.To whom it may occur?
In civil law, there is a responsibility, first and foremost, a legal entity to another.Administratively, the situation is somewhat different.The fact that the responsibility arises here, as a rule, to the state, its organs or officials, functions and powers are defined in the relevant legal acts.Above we noted that the subjects of administrative legal relations are, first of all, the structure of performing the functions of political management.Thus, the executive authorities can affect the participants communications that violate regulations stipulated by the sources of law, through the disciplinary or administrative penalties.In turn, these institutions are responsible for the correctness of the actions performed to higher political structures, for example, the Government of the Russian Federation.
administrative relations: objects
Let us now consider how the objects are determined by the administrative and legal relations.In modern jurisprudence has a variety of criteria to identify and classify their essence.In one of the concepts, objects, administrative and legal relations can not be selected in multiplicity.Why is that?The fact that they can be several: the object of the relevant legal one, and that human behavior is dictated by his will.Which, in turn, may be due to the emergence of certain obligations or commitment to carry out any action - within the lawful or not under the effective regulatory source initiatives.
According to another view, the objects of administrative legal relations - this is not the actions of people, and some material or other good - value assets that can meet the current interests of the relevant activities.The key criterion here - all of them should be provided sources of administrative law.However, the essence of the objects of legal relations in question may be very different.
interesting fact is that this theory is somewhat supported by the legislative level.There is, in particular, the Government Resolution number 872, adopted 15.12.2007 In it are listed in plain text objects administrative relations - those that are relevant for the interaction between federal authorities and certain types of state-owned enterprises.For example, it is property of the organization, its products are produced, income and revenue.
Protection of interests within the framework of administrative relations
studying administrative and legal relations, subjects of legal relations, it will be useful to pay particular attention to this aspect, as a mechanism to protect the interests set for the parties to the communication.Enough common option, in which the actors interact defend their rights in court.
But he is not the only possible.Moreover, as noted by several lawyers, the majority of disputes are resolved yet by administrative methods.Determination of the party who is entitled to certain preferences, provides the subject of relations, the powers of which are reflected in the wording of the relevant regulation.This may be, for example, the authority.In addition, legal entities that have certain powers, may apply sanctions against other participants communications.For example, the requirement to provide any additional documents to perform such kind of action.
