Administrative legal proceedings, being the most important administrative and legal instrument for ensuring and protecting public interests, still do not have a normative definition. One way or another, this is the cause of constant debate and ambiguity in theory. In this article we will consider the concept and stages of administrative proceedings, as well as other important aspects of the topic.
The concept of administrative proceedings
The development over the past years in the territory of the Russian Federation of procedural legislation and law makes researchers once again think about the concept of administrative proceedings, which is defined in part 2 of Article 118 of the Constitution. Consider the currently most common term. So, administrative proceedings should be understood as a means of familiarizing with complaints of individuals and legal entities against specific actions of authorities, as well as a tool for resolving disputes arising between administrative management structures and society, which includes both citizens and organizations.
Features of administrative proceedings
From the current concept and stages of administrative proceedings, a whole series of nuances and features follows, which serve as the subject of continuous legal disputes. That is why in 2015 the relevant legislative structure decided to introduce a separate norm on administrative legal proceedings. It is called the Code of Administrative Procedure of the Russian Federation (abbreviated as CAS).
So, this Code began to operate on 09.15.2015. It was very long-awaited, because the document is able to significantly facilitate the work of lawyers. CAS is a unified systematic legislative act regulating the implementation of administrative proceedings by judicial authorities of different jurisdictions in administrative proceedings. It is worth noting that individual judges and the judiciary of our country as a whole is formally independent of the executive branch of government. So, appealing to the judiciary against the arbitrariness of officials is a traditional procedure for protecting rights. You need to know that it is as a result of a trial in a court that an unlawful administrative act can be corrected or completely canceled.
Regulation of administrative proceedings
Further, it is advisable to parse the regulatory acts that govern administrative proceedings as a stage of the administrative process. As it turned out, the key normative in administrative matters is CAS. Disputes that are not defined in the Code are considered by judges by taking into account the norms of the Civil Procedure Code. In addition, depending on the specific characteristics of the case, special laws of the federal level may be used. In particular, the appeal of the actions of the power structure is regulated by the relevant legislative act “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens”. It is necessary to add that appeals to the judiciary bodies of the constitutional category are examined in the manner prescribed by the law “On the Constitutional Court of the Russian Federation”.
The specifics of legal proceedings
A feature of all stages of administrative legal proceedings is that the judicial authorities only verify the legality of acts of power, inaction or actions of government structures.If it is established by the judicial authorities that the action complained of is unlawful, one way or another, he must satisfy the applicant's claims and restore his rights that have been violated. If, in accordance with the opinion of the court, the action complained of is lawful and does not violate the rights of the plaintiff, then we will speak about refusing to satisfy the complaint.
One of the principles of administrative legal proceedings is the existence of liability for administrative offenses. It is worth noting that this responsibility implies the recognition of invalidity or amendment of a specific legal act, the fulfillment of claims, and often sanctions against an official. Often the case ends with his removal from his post.
The stages of administrative proceedings
CAS RF, currently functioning, suggests the presence of certain stages in administrative proceedings. It should be noted that under the stage, as a rule, they understand an independent part of the procedural operations or actions that are performed sequentially. Compared with the tasks of the general plan, it is endowed with its own characteristics, which relate to the parties to the relevant process, their duties and rights, specific actions, procedural terms, as well as the nature of the process documentation being drawn up. So, the following items relate to the stages of administrative proceedings on CAS:
- Initiation of an administrative case.
- Investigation of this case and sending information on jurisdiction. It is worth noting that the significance of the stage of the trial in administrative proceedings is quite large, because it is the culmination.
- Consideration of a case by a competent official or body, and in the future - adoption of an appropriate resolution.
- Optional stage. You need to know that in another way it is called the stage of proof in administrative proceedings. This includes appealing and protesting the decision, as well as its review.
- The execution of the decision, which is made in the case, without fail.
Initiation of proceedings as a stage of administrative proceedings
As it turned out, the first stage of administrative proceedings is the initiation of proceedings regarding an administrative offense. She is endowed with a specific procedural execution through the protocol on the corresponding offense in accordance with Chapter 28 of the Administrative Code of the Russian Federation. It is worth noting that the initiation of a case according to its legal meaning is both a procedural action and a fact of a legal nature in relation to the emergence of administrative-procedural relations. The named stage of administrative legal proceedings can proceed both at the initiative of an authorized official or body, and at the request of a citizen, for example, as a result of his complaint.
Features of the stage of the initiation of proceedings
You should be aware that the stage of initiating a case of an administrative nature in some cases involves an administrative investigation after determining an offense in the field of antitrust law, currency legislation, advertising legislation, legislation in the field of tax payments and fees, on the protection of consumer rights, in the field of environmental protection, production and the subsequent turnover of alcohol, as well as alcohol and an alcohol-containing product, fire safety, traffic on the roads. So, examination and other procedural actions become relevant.
It should be clarified that the named stage of administrative legal proceedings involves the implementation of such procedural actions as collecting and subsequently recording evidence, resolving the issue of termination or suspension of proceedings, drawing up a protocol regarding the initiation of proceedings. A good reason for initiating the type of case under consideration is the implementation of an administrative offense, as well as the existence of a norm stipulating liability, in accordance with which a protocol is formed.
Measures to ensure administrative proceedings
Currently, certain measures have been approved to ensure legal proceedings. Among them, it is important to note the following:
- Administrative detention.
- Personal search, as well as the search for the things of the suspect.
- Seizure of personal items and documentation.
- Suspension from driving.
- Examination for intoxication.
Case Stage
It is important to know that the consideration of a case concerning an administrative offense is a key stage of legal proceedings, within which the manifestation of the properties of the administrative procedure is relevant. In accordance with each case, the preparatory procedure, as well as the procedure and period for the implementation of the stage, are legislatively determined. It must be borne in mind that cases concerning administrative offenses are studied on the basis of jurisdiction and usually the presence of the offender. After considering a particular case, the official or the relevant body must issue either a decision related to the imposition of an administrative penalty or a decision to dismiss the case. It is worth adding that the adopted document is in one way or another an administrative act of an individual character.
Features of the decision
Typically, a decision relating to a case of an offense may be appealed by the individual (legal) person in respect of whom it was issued, or by a victim in a judicial proceeding or to a higher executive authority. You need to know that you can appeal to the prosecutor. As a rule, filing a complaint and subsequent protest by the prosecutor suspends the implementation of the decision for a while until the protest or consideration of the complaint.
The thirtieth chapter presents the procedure for reviewing decisions and, accordingly, decisions in cases of administrative offenses. It should be noted that the complaint against the decision must be filed within ten days and examined within ten days. However, a complaint regarding administrative arrest is usually considered within one day after it is filed.
Conclusion
So, we fully examined the concept and the stages of administrative administrative proceedings existing today, and described in detail the main ones. It is worth noting that there are also additional stages of administrative proceedings in the Russian Federation.
In conclusion, it should be noted that the difference in proceedings consists in the amount of administrative punishment that is imposed. For example, a decision on administrative arrest is made by a judge, but the internal affairs structures are enforcing it. When managing, there are many conflicts and disputes between the parties of relations of an administrative-legal nature. That is why today the urgent task is to develop a regulatory procedure for resolving disputes and resolving disagreements between executive bodies of the executive branch and other subjects of the administrative branch of law.