The administrative process, which includes various types of production, has the property to unfold in time through a certain procedure, endowed with its beginning, continuation and, of course, completion.
General Provisions
Characterizing administrative process concept, principles and stages suggest that it consists of certain operations on the part of the direct participants in the process, implemented subject to a logical sequence and provided for by applicable law. Based on the above information in the general theory of law, which includes its administrative branch, the above procedure distinguishes between specific stages in which participants in the process of administrative orientation are competent or obliged to carry out certain actions provided by law to unconditionally achieve a result both intermediate and final level. It is important to add that within one stage, one or another number of stages is currently allocated.
Administrative process: concept, stages
Today, a stage needs to be understood as part of the overall process. So, within its framework, persons participating in a specific administrative proceeding carry out actions of a mandatory or possible nature, which are envisaged for this particular stage and are formalized through appropriate legal documentation. You need to know that the implementation of actions within the previous stages of the administrative process - Nothing but a necessary and indispensable condition for the implementation of subsequent stages of a specific production.
Actual sequence
So, administrative production consists of several stages, which successively replace each other. So, stages of the administrative process are the following items:
- The initiation of the process in accordance with a specific case of an administrative nature.
- Considerations and analysis in relation to a specific administrative case.
- The adoption of a decision on administrative matters.
- Impeccable execution of the decision.
- Revision of an up-to-date administrative decision.
It is important to keep in mind!
It should be noted that in this case the concept of “administrative affairs” should be understood as a synonymous term for a specific individual situation that has developed in the field of public administration. It is important to supplement, this kind of situation, as a rule, is provided for by material legal norm. In addition, in accordance with its legal permission (primarily in the positive aspect), it requires a certain procedure of a legal nature in the form of ordinary administrative proceedings, one way or another part of the administrative process.
It should be noted that in the Russian Constitution (Article 126) the concept of “administrative case” is used with regard to the implementation of administrative proceedings. In subsequent chapters, it will be advisable to characterize and analyze in detail each of the existing stages of the category in question today.
Excitation of production
First stage of the administrative process of administrative proceedings It serves as the initiation of proceedings related to a particular administrative case.It is important to note that absolutely for all types of industries regarding the administrative process, this stage is the initial stage relative to all subsequent procedures. Since each type of production can be called a procedure of a legal nature, which contains its own purpose to achieve, in the end, the legal result foreseen in advance, the starting point of the procedure presented needs official registration. In other words, for the initiation of any production in the administrative type process, it is necessary to draw up the required documentation.
Stage One: Other Activities
It is important to note that the administrative stage It also involves the execution of other procedural operations, which together have the main task of proper organizational and legal preparation for the further development of the current procedure. Thus, for example, in the process of initiating proceedings, a number of procedural participants are identified who are involved in the upcoming analysis of cases of an administrative nature, in particular, experts, specialists, translators, and so on are involved.
Case review
Second the stage of the administrative process is administrative proceedings. It is important to emphasize that the presented step is the main stage of the administrative procedure. It is for this level that the extremely large-scale participation of persons related to the corresponding production is characteristic. By the way, it is in the process of going through the stage of the consideration of the case that all its circumstances, necessary for an informed legal decision subsequently, are evaluated and investigated. It should be added that this decision is ultimately taken by an official or authority.
It’s interesting to know that on stages of the administrative process, involving the consideration of the case, become relevant rules of a procedural nature that regulate the procedure for a direct operation performed by single-member and collegial executive bodies, as well as judges (primarily of global importance). Thus, if an administrative case is analyzed by a collegial executive body, it is imperative to keep a record of the meeting of that body. One way or another, the necessary condition for the legitimacy of a collegial consideration in this case, as well as the subsequent decision, is nothing other than the presence of a quorum.
Decision-making
By revising types and stages of the administrative process the third paragraph must highlight the decision in accordance with the administrative case. This is nothing more than a procedural step, characterized in that it is directly related to the adoption of a legal decision. It is important to add that this decision, one way or another, should be prepared through procedural operations performed by the participants in the production of the administrative plan at the previous stages.
By revising main stages of administrative the process it must be borne in mind that the concept of “decision” here serves as a legal generalized expression of a legal act, mandatory adopted in the relevant case. Depending on the type of production of administrative significance, such a “decision” may be a resolution of the highest executive body of a constituent entity of the Russian Federation or the Government of the Russian Federation, a normative act of the ministry of the federal level, and so on.
What else?
It is important to note that the legal decisions that are made at the third stages of the administrative process in any case, they must be in accordance with well-known requirements, including the Constitution of the Russian Federation, current legislation, the competence of an official or body, and so on. You need to know that in relation to certain administrative proceedings, rules of procedural significance are currently in force that govern the adoption of a legal decision as such. These rules form the procedure for establishing a decision by the collegial executive body, as well as the one-man body, including an authorized official.
It should be emphasized that a considerable number of rules of a procedural nature include requirements that relate to the details of a legal decision that is adopted. Among them, it is important to highlight the following points:
- Impeccable compliance with a certain form of act.
- Appropriate structure of the act.
- Clarity, clarity and conciseness in the statement of act.
- Impeccable form of statement of act.
- The complete absence of terms and words that allow an ambiguous understanding or interpretation of a legal act.
- The presence of the necessary signatures, the date of adoption of the act, as well as the registration number.
Execution of the decision
Fourth paragraph common stages of administrative processes is the enforcement of a decision related to an administrative case. It should be noted that this stage is mandatory, because it seems to complete the general procedure for a specific production of an administrative type, which is included in the administrative process.
As far as we know, absolutely all decisions made are diverse in accordance with their legal properties. In the end, they form two key groupings. The first of them consists of legal decisions uniting (despite their different names) a common distinguishing feature. They are called normative decisions, that is, containing rules of conduct of a general nature. You need to know that the initial stage in the implementation of a regulatory act by the state is its entry into force. This moment, one way or another, is determined by the body that adopted this regulatory act.
The second grouping of legal decisions that are born as a product of the implementation of law enforcement and enforcement processes in the course of the administrative plan includes acts of various kinds of names (decisions, orders, decrees, orders), one way or another united by a common property - they are individual legal acts addressed to a specific to subjects.
Decision review
Pending principles and stages of the administrative process the final element, it is advisable to highlight the review of the decision relating to the administrative case. A distinctive feature of the presented stage, provided that it is compared with the previous ones, is that this stage is optional, since it is initiated by persons towards whom the decision on the administrative case is addressed (or the interests of which the decision somehow affects).
For example, in accordance with paragraph 2 of Article 25.5 of the Code of Administrative Offenses of the Russian Federation, an appeal against a decision related to an administrative offense case has the right to be implemented by both the victim and the person regarding whom the proceedings are carried out in accordance with the administrative offense case.
It is important to note that for most of the administrative type productions, the stage presented is not mandatory. In this case, the possibility of reviewing a case is only indicated by means of standards providing for the contestation or appeal of a decision. Nevertheless, in a detailed manner, the review procedure has not yet been settled.