There are many possible ways of state control over the normal functioning of citizens. In each country, such control is carried out differently. As for the Russian Federation, state control is regulated by administrative law.
This type of activity of the state is necessary so that citizens, as well as other persons who reside in the territory of the Russian Federation, comply with the rules established by the legislator. In order for such a legal regime to constantly operate without any failures, it is not enough to have a certain structure of legislation, a special mechanism is needed that will implement it. A similar mechanism exists in Russia. The legal regime is maintained through administrative oversight. It acts to ensure that the rules of law not only exist, but also are implemented by citizens.
Deciphering the term
Administrative supervision – Kind of activity executive bodies authorities, officials of these bodies to monitor the precise implementation, compliance with legal standards in various areas of the legal activity of the state. From this we can distinguish the features inherent in this type of state activity, as administrative supervision, namely:
- Legality.
- Industry character.
- Implement it can only authorized entities of the executive branch.
- Inadmissibility of violation of the rights and personal freedoms of citizens.
- Existence, regardless of the will and interests of the subjects in relation to which supervision is carried out.
- Supervision is carried out using special methods.
- Systematic nature.
Types of supervision
Depending on the object of state control, the main types of administrative supervision are distinguished, namely: industry, intersectoral.
Branch administrative supervision is carried out in a particular area of interaction between the population and the person. For example, financial supervision, supervision carried out by the Ministry of Internal Affairs of Russia, are types of sectoral state control.
Intersectoral supervision is characterized by a large area of activity, which covers not only the sphere of management. An example of such an activity is state administrative technical supervision. Special bodies carry it out to maintain the cleanliness and improvement of the city. In this case, the representative of the government - a certain department - is obliged to take into account the different areas of human activity that directly or indirectly affect the improvement of the city.
Subjects of administrative supervision
The subjective composition of administrative supervision has one important feature: in the legal relations of one of the parties there will always be a representative of the executive branch of the state. This is a basic condition for the existence of administrative supervision. It is carried out in relation to citizens, enterprises, public organizations, institutions, civic associations. All kinds of government departments, bodies, state committees, inspections can act as a subject of power, for example:
- State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation.
- Customs Committee of the Russian Federation.
- Federal Mining and Industrial Supervision of Russia.
- Ministry of the Interior of the Russian Federation.
- State Tax Service.
Almost any authority is authorized (in other words, has the right) to carry out administrative supervision within its jurisdiction.
Implementation methods
The special methodological base used by executive authorities helps to a large extent to carry out administrative supervision in a particular area of state regulation. Five main methods of administrative supervision can be distinguished:
- Observation.
- Checks.
- Survey of an object under surveillance.
- Documentation analysis.
- Media monitoring to identify violations of government.
Naturally, there are other methods that allow authorities to perform the functions of administrative supervision.
Law Enforcement
In order to prevent violations in a certain area government controlled, administrative supervision is established. The task of the rule of law organization is key. It is for the implementation and implementation of the rule of law that the bodies that are representatives of the executive branch are endowed with a number of special powers. They are given priority over civil entities with respect to which administrative supervision is carried out. In order to prevent them from violating the rules enshrined by the legislator in sectoral regulatory legal acts, authorities can act as follows:
- apply preventive measures;
- apply preventive measures;
- bring subjects to administrative responsibility;
- to carry out registration, if this requirement is in departmental acts;
- issue licenses and permits;
- issue regulatory acts.
Implementation of administrative supervision can be carried out in a passive form, without using the above powers. The implementation of special functions by executive authorities is carried out only if there is a threat to the interests protected by law. Next, we will consider administrative supervision, which is carried out by different bodies using certain methods.
Administrative technical supervision
This type of state activity is regulated by the legislation of Russia, as well as by regulatory acts of the constituent entities of the Russian Federation. State administrative technical supervision is a specific activity of the authorized executive bodies, the purpose of which is to control citizens and legal entities in the field of cleanliness, order and improvement of the city. Supervision is carried out through local government bodies, municipalities, and local governments.
Oversight can also be carried out by other bodies, such as the police. The activity of the power structure is to hold accountable violators of the rules of cleanliness and order. Administrative and technical supervision is interesting in its design. In the process of its implementation, various executive bodies are usually involved. Thus, this is a mixed type of supervision, affecting various spheres of life of ordinary citizens.
Objects of administrative and technical supervision
State administrative and technical supervision operates on the territory of a city. Therefore, the composition is quite rich. Administrative and technical supervision shall be subject to objects located on the territory of the city, namely:
- construction sites;
- the woods;
- territories of organizations;
- streets, porches, pedestrian crossings;
- places of significant congestion, recreation, etc .;
- small architectural forms (swings and benches);
- quarters, areas.
Violations of the rules of administrative and technical supervision leads to administrative responsibility. Most often, the following applies to violators: type of sanctions like a fine.
Administrative supervision of the Ministry of Internal Affairs of the Russian Federation
A specific type of supervision is performed by the Ministry of Internal Affairs of the Russian Federation. State activity in this area has the main goals - the prevention and termination of offenses.In order to fully implement these tasks, supervision in the structure of the Ministry of Internal Affairs is divided into two parts: general and special. General supervision is carried out almost constantly.
Special is a special type of state activity. For its implementation, administrative regulations for supervision are created. At its core, it is a normative act that gives legitimacy to supervision. Regulations exist in all spheres of activity of the state. Any special type of supervision is subject to regulations. As for the Ministry of Internal Affairs, here it should be noted the supervision of persons released from prison.
Administrative supervision of persons released from prison
To establish such supervision, there must be special conditions, otherwise we can talk about the illegal activities of executive authorities, in fact, the restriction of the constitutional freedoms of a citizen who has already received punishment for his actions.
In respect of persons who were released from places of deprivation of liberty, a case of administrative supervision is opened, which is conducted until the state control is removed from the person. There is a certain circle of persons for whom administrative supervision can be established in the event that they committed a violation of public order twice during the year after their release or in the places of serving their sentences maliciously violated the order. These persons include:
- persons who have committed a serious or especially serious crime;
- persons who have committed crimes against a minor;
- recidivists.
In addition, there are persons for whom administrative supervision is established without fail, regardless of their behavior in the place of deprivation of liberty or outside its walls. These are:
- perpetrators of crimes against sexual integrity;
- pedophiles.
Restrictions during the administrative supervision of the Ministry of Internal Affairs
Administrative oversight bodies, namely the police, may restrict the rights of persons over whom oversight is established. This is done with the aim of prevention in order to prevent the commission of new crimes by persons released from prison. A supervised person may be prohibited from visiting certain places of the city, being in some institutions (for example, entertainment), leaving their place of residence at a certain time, or leaving the city. Persons with respect to whom administrative supervision is carried out must appear in internal affairs bodies several times a month for the purpose of registration.
Prosecutorial supervision in administrative matters
There are other types of supervision. One of them is prosecutorial supervision in administrative matters. The prosecution authorities carry out it in order to monitor compliance with the norms of the Constitution, Laws, and other regulatory legal acts.
Supervision is established from the moment when an administrative case is initiated on a person who has committed an administrative offense. The prosecutor, within the framework of his authority, may influence the course of the administrative investigation, as well as open administrative cases personally, but only for some offenses. This type of supervision allows maintaining the rule of law at all levels of government.
So, we examined the types, principles, methods and tasks of administrative supervision as one of the types of state activity. In conclusion, it must be added that supervision in various areas of civil life is simply necessary because it helps to ensure the legitimacy of relations and the rule of law.