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Administrative relationship - what is it? Types, signs

Administrative legal relations are the central category of a specialized institution of law, which permeates not only the political sphere, but also all areas of life of every citizen. That is why any resident of the modern state is obliged (do not be afraid of this word!) To know the subtleties of the administrative issue.administrative relationship is

The concept and essence of the institute

Many people study social studies at school. Administrative legal relations are affected only indirectly. At school, children see only superficial aspects of this legal institution. It is worth noting that every person in his life, to one degree or another, is constantly confronted with an "administrative". At the same time, knowledge sufficient to solve the problem can be obtained exclusively in higher education institutions or through self-education.

Administrative legal relations - this is the most complex institution of the desired branch of law. Many law students have difficulties in the process of studying the proposed discipline, let alone citizens who are not related to jurisprudence.

The essence of the legal relationship is the practical implementation of the management process. Why is administrative interaction present in all areas of society? This is due to the fact that they are characteristic of both government activities and local governments. administrative relationships arise

Protection Basics

The purpose of administrative law is to protect the central figure - the citizen - from illegal encroachment on his rights and freedoms by the governing bodies. It is important to distinguish between the criminal industry, which is aimed at protecting against unlawful violation of status by other persons.

Administrative legal relations are a multifaceted industry where a full-fledged participant is not only individuals, but also organizations that can also be held responsible for violations committed, which cannot be said about the criminal law sphere.social studies administrative relations

About signs

Administrative legal relations arise only in the presence of the following signs:

  • The presence of public administration, which gives rise to certain problems and needs legal regulation.
  • As a mandatory subject of law acts the governing body - the executive branch in any form.
  • Inequality of the parties in a controversial situation is mandatory - a distinguishable sign of the relations under consideration.

In the scientific theory of administrative law, there are several opinions regarding the signs of public relations, for example:

  1. Existence in public administration.
  2. Communication with any subject of administrative law.
  3. The division into the relationship of “power-submission” and “equality”.

Thus, there is not only a complement of various authors of each other, but also a contradiction of opinions.administrative relationship examples

general characteristics

The time has come to give a clear definition of the term in question. Administrative legal relations are public relations regulated by the relevant regulatory documents that take shape in the field of management activities.

All subjects of this kind of interaction have mutual rights and obligations, and it does not matter whether this is a citizen or an authorized person.types of administrative legal relations

About subjects

Administrative and legal relations, like any other kind, have a structure that includes the object, subject and content of the interaction.

The subjects of relations are the participants who directly interact with each other. As a rule, one side is endowed with relevant competencies related to management activities. As a rule, the first persons are management bodies at all levels, law enforcement officials, financial organizations and so on. The other side is endowed with administrative and legal status, that is, general rights and obligations. Citizens, public organizations, associations are bright representatives of the second side.

Some authors in the theory of administrative law distinguish other classifications of subjects, namely:

  • Individual - individual citizens, stateless persons, persons with special administrative status and so on, represented in a single person: internally displaced persons, refugees and other persons.
  • Collective - separate and self-governing groups of people who in law have a single legal status. As a rule, this category of subjects is a single public law entity.administrative legal relationship

Legal Status Structure

The most important features of administrative legal relations are embedded in the structure of the administrative status that each participant has.

The first thing you need to pay attention to is the intangible and procedural legal element. In this case, it is important to analyze all the prohibitions, duties, restrictions, liability associated with certain actions that fall under the legal regulation of the industry. Vivid examples of administrative relations are visits by civilians - relatives and friends - of correctional facilities. So, arriving on a date with a convict, everyone is obliged to hand over mobile communications, flash cards and other items prohibited for storage by the convict.

The structure of the status of a civilian consists of the following components:

  • Legal capacity - the ability to possess established rights and obligations, moreover, expressed both in administrative acts and in other legal areas: constitutional, civil, tax law.
  • Legal capacity is the ability to acquire and exercise rights and obligations. In the first case, it is necessary to note only the formal possession of legal status, and in the second - the real use of the opportunities provided. Along with this, a competent person not only implements the proposed rights, but also bears responsibility for any illegal action.The most important features of administrative legal relations

Object and content of relations

In any situation, the subject of administrative relations is the actions of authorized entities. Moreover, in this situation, the problem can be generated not only by the authority, but also by a citizen who does not fulfill the duties assigned to him.

As noted earlier, the mandatory element, which includes administrative legal relations, are rights and obligations, prohibitions and restrictions, as well as the corresponding type of responsibility. One of the most important categories is the norms of a public nature, the fulfillment of which is required by an unlimited number of citizens, to whom the established norm applies.

About types and classifications

Types of administrative legal relations are represented by a wide variety. So, the central category of division is the presence or absence of submission. Depending on this, administrative relations are divided into vertical and horizontal.

In the first case, one of the subjects of the relationship must necessarily have authority over the other participant. A vivid example is the application of disciplinary measures, administrative coercion, and so on.

As for horizontal relations, the subjects have the same legal status, not being dependent on each other.As a rule, these relations arise as a result of the interaction of subjects with each other, for example, the joint development of a special state (municipal) program.

If in horizontal relations one of the subjects is an individual, therefore, he exercises his subjective rights. In turn, the authorized body is obliged to take all actions for their implementation. In many cases, citizens turn to law enforcement agencies to protect violated rights, which also gives rise to a horizontal type. Be on the alert, because administrative legal relations, examples of which are given above, can affect your life!


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