Administrative procedure is a concept that is quite common in legal practice. What it is? What are the types of administrative procedures and what are their features? Let us consider this in more detail below.
General concept
What does the term “administrative procedure” mean? The legislator gives a clear interpretation of it, which determines what is meant by certain rules prescribed in the regulations, the procedure for exercising powers of an authoritative nature. Their action is always aimed at resolving the course of a particular administrative matter, and in some cases - at the performance of managerial functions.
Thus, if we express this notion of administrative procedure in other words, then it should mean established algorithms of a specific type of action that are subject to execution by the state administration in order to carry out a decision on a matter.
Tasks and Goals
Like any other concept in law, administrative procedures have certain tasks, the solution of which is aimed at their impact. So, first of all, their impact is aimed at ensuring maximum efficiency of the activities of bodies falling under the category of public authority. Among these structures also includes the public administration.
Secondly, administrative procedures are aimed at creating the most positive conditions in which it will be convenient for citizens to participate in public relations and to organize them.
As for the goals of such procedures, their impact, first of all, is aimed at creating an equal legal status of subjects of two different characters: imperious and non-dominant. In addition, these actions contribute to the transformation of the rights of each representative of public administration bodies into certain duties and, in addition, to the provision of certain additional rights to subjects of a non-power nature.
Properties
All administrative procedures from the list below have two basic properties. The first of them concerns the detail of the actions. So, the more detailed it is, the larger will be the material costs that will be required for its implementation. Moreover, in this case, the costs will be incurred both by the administration and representatives of the civil society.
From the foregoing, one can distinguish another property of the procedure of this nature. It consists in the fact that the more important its subject matter, the more detailed will be the procedure itself and, as a result, the more costly.
Value
Administrative procedures are actions that are of particular importance in legal practice. What does it consist of? Let's consider it further.
First of all, it should be understood that their action significantly helps to reduce the risk of deviations from the goal pursued by the relationship. So, if, for example, a specific legal relationship aims to have the fact of establishing a permit to carry weapons, then this will require only what is needed to implement it.
In addition, the actions of this type perfectly reduce the level of discretion.This means that there is a certain period of administrative procedure established by law (30 days), which cannot be violated to a large extent at the discretion of a particular authority.
Many administrative actions are another important one - they provide directed and fairly effective control over the activities performed by public administration bodies. It should be noted that this control is carried out in two forms: from the outside and from the inside. It is carried out by the judicial authorities involved, as well as by institutions that protect the legitimate interests and rights of all civil society.
All procedures that are administrative in nature have another valuable property and, as a result, value - they give uniformity to the whole practice of applying the rule of law. In fact, when the monotonous nature of situations is present, all of them are solved according to the same scheme, which is quite convenient.
Another value of these actions is that they all contribute to making the legal relations of the administrative type of publicity. This means that absolutely every participant in civil society is aware of the clarity of the phased implementation of each procedure.
Parties
As for the participants of the procedures of the character in question, they may be persons who are vested with a certain power to perform functions of a public type, as well as ordinary citizens or organizations.
As for the first type of subjects, then they include various municipal institutions, as well as state bodies. In some cases, other organizations or institutions may also be subjects of power type, but this is only possible if they were endowed with special rights.
As for the party, which are ordinary citizens and individuals, they belong to the group of unauthorized entities. This means that their responsibilities and the implementation of the rights stipulated by law will directly depend on those decisions taken by the authorities.
All parties have certain duties and rights that must not only be respected, but also respected mutually.
When an administrative procedure is used
It should be noted that far from all legal relations can be applied in action administrative procedures. In which they are simply necessary and possible?
First of all, those situations include the settlement of legal obligations and subjective rights of both individual citizens and entire organizations in the process of conducting relations with public authorities. In this case, it follows that, in the absence of an administrative procedure, it will not be possible to exercise legal law.
Implementation of administrative procedures is also necessary when relations are created within which certain bodies having authority have implemented certain measures of influence on citizens. These measures include those that involve coercion or, for example, the work of supervision, control.
Certain procedures performed by administrations of a public nature are also binding. They are required at a time when legislative procedures are in place (issuing acts, laws, etc.), securing the rights of individual representatives of the administration, and making especially important decisions.
Legislative regulation in Russia and in neighboring states
All issues related to the implementation of procedures of this nature are regulated by separate regulatory acts and regulations.As for fixing both the concept itself and its features at the national level, this is done in the Law "On Administrative Procedures", as well as in Decree No. 200 with the same name.
In addition, the procedure for performing these actions is prescribed in various regulations for specialized bodies.
As for the regulation of actions of this kind in other countries, it is also based on regulatory documents. For example, administrative procedures in the Republic of Belarus (Republic of Belarus) are carried out on the basis of provisions prescribed by law, the name of which fully coincides with the Russian one. If we talk about Ukraine, then the legislative base of this state provides for a whole range of acts that provide for their commission in various areas of activity of state bodies.
Realization of rights by making appeals to public authorities
This is a type of administrative procedure. They are very often applied in practice. This group consolidates a whole set of rights and special opportunities. These include the possibility of filing applications and petitions, feedback from previously submitted applications, as well as the submission of additional documents.
As for the obligations in this type of legal relationship, they consist in the need to provide a certain kind of documents, obtain approvals, provide explanations in the course of a specific event, or, for example, make an appearance at a specific authority.
Control and supervision
This type of administrative procedure involves the implementation of control measures, which are carried out by specially authorized bodies. If we talk about the rights and obligations that arise between the parties in the process of their implementation, then the party in respect of which all control actions are carried out must be notified in advance about upcoming events. In addition, the notification must be carried out in the manner prescribed by law. This party has the right to be present during the process of implementation of control measures, to be familiarized with all documents drawn up in the process. With regard to responsibilities, these include non-interference in the process of conducting work by regulatory authorities, as well as the maximum possible contribution to ensuring access to necessary materials.
Dispute Resolution Procedures
In legal practice, there are situations when it is simply necessary to resolve a dispute regarding a subject. The peculiarity of this type of procedure is that during their implementation the parties do not have obligations as such. However, despite this, they have certain rights. In particular, they consist in the fact that a party may submit petitions or challenges, provide a certain series of evidence that is directly or indirectly related to the subject of the dispute. In addition to all this, the parties to the proceedings have the right to be present at the merits of the examination of the situation, as well as to familiarize themselves with all the documents that were drawn up in the process, including the final decision.
Competitive procedures
This list of administrative procedures also includes auction. As for this type of action, the parties that take part in them have one common responsibility - to comply with all the requirements that are prescribed for participants in the process itself. As for the rights that participants have, their spectrum is wider. In particular, they include the right to timely information regarding the timing of tenders. In addition, they may be present at the decision, as well as know the reasons why such a choice was made.Before and during the production process of this type of procedure, the parties can familiarize themselves with the main stages of the tender, as well as with all the features associated with the course of the whole procedure.
Registration
This type of procedure is also very popular if we evaluate the statistics on the application in practice of all actions of this nature. These actions are usually associated with the registration of a special act of a legal or regulatory nature. In addition, on the basis of Decree No. 200 “On Administrative Procedures”, actions of this kind may also be carried out regarding the registration of specific rights (for example, real estate) or legal entities.
The timing
Like many other actions used in legal practice, all procedures for administrative offenses and other mandatory issues on which they are carried out must be carried out within a certain time frame. The basic rule that is typical for actions of this nature is limited time.
The Decree “On Administrative Procedures” states that a certain amount of time should be allotted to carry out a certain action for which it can actually be performed. So, for example, if the legislator devotes 15 working days to the review procedure, then if it is necessary to carry out additional verification, the procedure should be carried out in total for 45 days.
As for the standard time limit for consideration of the application and the execution of actions on it, it, in accordance with the provisions of Decree No. 200 "On Administrative Offenses", is 30 days. However, as practice shows, it is often shifted upwards, which is associated with the frequent occurrence of the need for additional actions.
Solutions
Based on the results of the administrative procedure, a definite decision must be taken, which is made by the specialized body in whose proceedings the case is being processed. Such decisions can be of two types: final and intermediate.
As for the intermediate decisions, they are usually taken in the course of certain stages. This is typical for complex procedures that require a phased review of the situation. In some cases, an interim solution is required when the factual review of the situation moves from one person (or body) to another. In the case of suspension of the proceedings in connection with the need to clarify the circumstances, an intermediate decision should also be made.
The final decision is made at the final stage of the administrative procedure. From the concept, it becomes clear that this decision is final, it must be expressed all the conclusions that were made during the consideration of the individual stages of a complex situation, as well as at the end of a one-stage action.
All decisions, including the final one, should be reflected in the final act. This document is considered valid only with the signature of an official.