Headings
...

Signs, concept and types of subjects of administrative law

What in legal science is understood as a subject of law? This is the holder of certain duties or rights with which you can exercise a number of legal powers. There are subjects in administrative law. All of them have a number of distinguishing features. It is about the concept and types of subjects of administrative law that will be discussed in this article.

The concept of the subject

The subject of administrative legal relations is the organization or person who is a participant in management relations in accordance with the current law of the Russian Federation. Management relations are governed by the norms that are part of the administrative law system. The subjects themselves are endowed with a number of legal duties and rights.

The concept and types of subjects of administrative law could not be distinguished without a number of relevant features. Here are the highlights:

  • the presence of administrative norms that provide for the obligations and rights of the subject;
  • grounds for the formation, amendment, addition or termination of legal relations;
  • the presence of administrative capacity and legal capacity of the subject.

There are several types of subjects of administrative law. The concept and characteristics of each of them will be provided below.

Citizen

The subject of any right is always precisely defined. This individual or legal entity is a specific participant in the party to the relationship. The main subject of administrative legal relations is a citizen. Its main feature is the ability to act as a private individual, as well as the availability of clear civil rights and obligations.the concept and types of subjects of administrative law

A citizen has a number of powers, which may arise in connection with the following points:

  • fulfillment of the duties entrusted to citizens in the field of executive power;
  • exercise of rights in the field of executive power;
  • violation of legal obligations by executive authorities or individuals.

The powers of citizens as subjects of administrative legal relations are fixed in the Russian Constitution and the Code of Administrative Offenses.

The concept of legal capacity

The most important component of the legal status of a citizen as the main subject of administrative legal relations is administrative capacity and legal capacity. In administrative law, the concept of legal capacity is analyzed to clarify the legal nature of the administrative-legal status of the subject. Scientists speak of legal capacity as an opportunity to acquire and fulfill duties and rights, as well as bear responsibility for them.

Along with administrative legal capacity, legal entities must also exercise legal capacity. This is an opportunity to acquire and exercise legal rights, to form and fulfill duties, as well as to ensure them. Legal capacity does not appear immediately, but only upon reaching adulthood.

There is also the concept of tort - the ability to bear responsibility for one’s misconduct and crime. Criminal liability was introduced from the age of 14, and administrative - from 16 years.

Public association as a type of subjects of administrative law

The concept and characteristics of public associations are especially important for understanding the topic under discussion. Article 30 of the Russian Constitution provides for the right of citizens to unite and form unions.A public association is understood as a formation created on a voluntary, non-profit and self-governing basis. Citizens are grouped on the basis of common interests to achieve common goals specified in the charter of the association.the concept and types of subjects of administrative procedural law

There are all-Russian, interregional, local and municipal associations. All of them must be registered as legal entities in the relevant state bodies. The legal capacity of associations is always different. It depends on the number of subjects, designated goals, the nature of managerial functions, etc.

Authorities

Executive authorities are part of the vast state apparatus. They have their own structure, territorial scale, as well as a special kind of competence. Such bodies are formed in the manner strictly enshrined in law.

Executive bodies are called upon to carry out constant management of socio-cultural development, administrative and political construction, as well as economic and inter-branch management. The legal capacity and legal capacity of executive bodies are formed simultaneously with the formation and determination of their competence, and they are liquidated after the legal abolition of bodies.subject right

All executive bodies are enclosed in a two-level system. The first stage is called federal, the second - regional. At the federal level, there is a Government, all-Russian ministries, various committees, oversight, departments, departments and agencies. At the regional level, local administrations, structural administrative units and committees of the subjects work. All submitted authorities are included in the set of types of subjects of administrative law. The concepts and brief characteristics of each species are described in detail in the laws.

Civil servants

Who is in the category of civil servants? The answer to this question is provided in the Presidential Decree of December 22, 1993 - No. 53 of the SAPP, article 5073. 1 The concept and types of subjects of administrative law are here defined in a special way. So, a civil servant is a Russian citizen who performs duties in a public position for a certain monetary reward. A remuneration is formed at the expense of the federal budget.

Civil servants must work in accordance with the principles of competence, legality, accountability and accountability. The law secures equal access for citizens of the Russian Federation to public service.1 concept and types of subjects of administrative law

The relations of the subjects in question are classified into two types: these are internal and external groups. Internal relations arise in connection with the replacement of a particular public position. Relations of the external organizational type are formed between public servants and other entities - individuals and legal entities, public associations, etc.

Enterprises and institutions

The structure of administrative law includes the so-called collective entities - various institutions and enterprises. These are self-managing entities formed to implement production work, provide services, meet various needs, as well as make a profit. Institutions carry out functions of an administrative-political and socio-cultural nature. Depending on the form of ownership, such entities are divided into the following types:

  • state or regional;
  • public;
  • private
  • mixed.the concept and types of subjects of administrative law of the Republic of Belarus

There is also a classification, depending on the legal form. It should highlight:

  • society;
  • partnerships;
  • enterprises of municipal and state type;
  • production cooperatives.

The concepts, signs and types of subjects of administrative law are fixed in the Federal Law "On Registration of Legal Entities".

Subject classification

All presented types of enterprises, persons and state entities are included in a separate classification. By the way, the concepts and types of subjects of administrative law in Belarus, the Russian Federation, the Republic of Kazakhstan, Ukraine and other post-Soviet states are not much different from each other. Almost all European countries have one administrative system, the subjects of which are strictly defined by laws.the concept and types of subjects of administrative law in brief Here is the classification itself:

  • Russian citizens;
  • foreigners located on the territory of the Russian Federation;
  • stateless persons (stateless persons);
  • officials, including civil servants;
  • refugees and internally displaced persons;
  • collective organizations;
  • enterprises and institutions;
  • state executive bodies.

As can be seen from the classification, subjects can be collective and individual. For example, the executive body is collective, and the president, as an official, is one-person.

The concept and types of subjects of administrative procedural law

The administrative process is a set of norms, according to which the activities of individual officials and bodies - the direct actors of the process should be organized and implemented. the concept of signs and types of subjects of administrative lawThe subjects of the process include:

  • civil servants;
  • government bodies;
  • public associations;
  • subjects whose functions include the initiation of proceedings;
  • process parties;
  • authorized representatives.

The subject of the administrative process should be associated with the initiation of administrative office work, as well as with its implementation.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment