Man and citizen as subject of administrative law

The subjects of administrative law are the bearers of duties and legal opportunities, which they are allocated for the exercise of powers in the field of public administration. Legislation defines several of their categories. . Let us further consider what constitutes the subjects of administrative law, the administrative and legal status of a citizen .

General information

Administrative legal entities can become parties to the relevant relationship in the presence of a number of conditions. In particular, there must be special rules. They define the duties and rights of the subjects. In addition, there must be grounds for the emergence of the corresponding relationship. And, at last, subjects should possess administrative de-and legal capacity.

Categories

The subject of administrative legal relations is a person who, according to the current legislation, participates in the management, regulated by special norms. At the same time, it is endowed with specific powers that can be realized. These participants can be individual and collective. The latter include:

1. Diverse commercial structures.
2. Local authorities.
3. Unions, parties, social movements and other associations.
4. Labor collectives.
5. State organizations, enterprises, institutions.
6. Structural subdivisions of executive bodies having their own competence.
7. Bodies of state administration.

. Citizens are individual subjects of administrative law . At the same time, they may be subjects of foreign countries.

Person and citizen as subject of administrative law

Among all the participants in the relationship, a specific category is singled out. It has a number of features compared to other people. выступает в качестве носителя конкретных юридических возможностей. A person and a citizen as a subject of administrative law act as a carrier of specific legal possibilities. He is endowed with them for the realization of his own vital needs and participation in the process of managing state and public affairs. . Together with legal possibilities, the duties of citizens as subjects of administrative law are also established . Here it is necessary to clarify one important point. не наделены властно-распорядительными полномочиями. In this aspect, citizens of the Russian Federation as subjects of administrative law are not vested with power-administrative powers. They can be either working, or students or retired.

Legal position

Complex of duties, rights and responsibilities of individuals form its administrative and legal status. It is predetermined by constitutional provisions. In this regard, the status is stable and universal. It appears in various forms. Some lawyers associate them with citizenship. In accordance with this, several categories are distinguished. The first includes ordinary citizens, honorary and having dual citizenship. In the second group are persons who are subjects of the far and near abroad. The third category includes persons who do not have citizenship. The distinction between these groups is made according to normative provisions. In this case, there are differences related to the modes of access to state secrets, military duties, measures of responsibility, the replacement of a number of posts.

Forms of manifestation

наделяется определенными полномочиями и несет ответственность, обеспечивающие его участие в госуправлении и удовлетворение собственных и общественных интересов, за счет функционирования госорганов. A citizen as a subject of administrative law is vested with certain powers and is responsible for ensuring his participation in the state administration and satisfaction of his own and public interests, due to the functioning of state bodies. The legal status of an individual may be:

1. Common . For a specific sphere, it is basic.
2. Special . This status mediates a variety of legitimate behaviors.

The latter category, in turn, is classified into subspecies. Special status can be:

1. Individual subject.
2. A member of the management team.
3. The subject of administrative custody.
4. A resident of the territory on which a special regime is established.
5. The subject of the licensing system.

Additional categories

In accordance with the nature of the guaranteed activity, the statuses are:

1. General civil - in the sphere of management of affairs of the state. It is conditioned by constitutional provisions and aimed at the development of social qualities.
2. Functional-client. говоря, реализуют собственные интересы и удовлетворяют свои потребности. With its help, citizens as subjects of administrative law, in short, realize their own interests and satisfy their needs. This is provided at the expense of the corresponding powers of the services, bodies and their employees.
3. Partner-facilitating. It manifests itself in the process of the participation of natural persons in the work of the executive bodies and in the implementation of various social roles.
4. Protective. получает гарантированную защиту. In accordance with it, the citizen as a subject of administrative law receives guaranteed protection.

Role of executive bodies

It has special significance in the sphere of the formation and realization of the citizen's status. Within their competence these structures:

1. Approve the regulatory acts that affect the content of administrative and legal status.
2. Implement the provisions.
3. Ensure the implementation of subjective civil rights.
4. Perform protection.

Key Elements

Legal personality is provided by de-and legal capacity. The presence of the latter is an indispensable condition for the participation of a person in management. It is given to citizens and organizations. не могут ее передавать или отчуждать. Subjects of administrative law can not transfer or alienate it. Its scope can be changed by legislation. The legal capacity of a citizen is the basis for his capacity to act. The latter is an opportunity to obtain legal opportunities by own actions and to realize them, as well as to bear the corresponding responsibility. наделяется дееспособностью с определенного возраста. Citizen as a subject of administrative law vested with legal capacity from a certain age.

Aspects of the legal status of persons

In accordance with the Constitution, a person, regardless of public, property, official and other status, acts as a subject of all branches of law. He is recognized by the Basic Law as the supreme value of the state. From the fact of citizenship, the corresponding rights and duties follow. They are defined in the spheres:

1. Public and public activities.
2. Family or personal, not concerning public interests.
3. Economic and labor activity.

When a person has acquired the status of an individual, and then a citizen, another element arises - a social element. It is necessary for employment. права приобретает по собственному желанию. The social element allows the person to carry out labor activity, serve in the Armed Forces, study, etc. One more component is special - the citizen as a subject of administrative law acquires at his own request.

Specificity

The administrative and legal status has some peculiarities. First of all, it is characterized by a complex complex character, "permeated" with the norms of various legal branches, reflecting the interaction of the person, society and the state. могут существовать отдельно или в комплексе. In addition, the opportunities and responsibilities of citizens as subjects of administrative law can exist separately or in a complex. For example, a person can apply to certain instances with applications, complaints, etc., must comply with SDA. The complex of rights and duties manifests itself in cases when, in the consideration of a case of an offense, a subject can appeal the decision and must pay the penalty imposed on him.

Nuance

In some cases, the content of the status of a citizen as an administrative legal entity depends on the will of a person. For example, to purchase a hunting rifle you need to obtain a permit. It, in turn, is issued in authorized bodies upon application of the person. In other cases, the status arises contrary to the will of the subject. For example, a person who commits petty hooliganism is subject to a measure of detention and delivery to the police.

Structure

обладают: Citizens of the Russian Federation as subjects of administrative law possess:

1. Common for all legal opportunities and responsibilities. For example, individuals have a duty to comply with fire safety rules.
2. Responsibility and legal capabilities belonging to a particular category. For example, drivers, hunters, entrepreneurs have their duties and rights specific to a particular activity.
3. Legal opportunities and responsibilities for certain individuals. For example, refugees and internally displaced persons have their own duties and rights.

Sphere of public administration

реализуют свои юридические возможности, следуют предписаниям и несут ответственность во взаимодействии с управленческими структурами. Citizens of the Russian Federation as subjects of administrative law realize their legal capabilities, follow prescriptions and bear responsibility in interaction with management structures. At the same time, the latter exercise control over the fact that, within the framework of relations, the actions of some persons do not infringe on the interests of others. The duties and rights of citizens in the field of public administration are conditionally divided into 4 types. The former are necessary for participation in the regulation of state affairs. They are realized by individuals, associations of citizens. участвуют в управлении через представителей или самостоятельно, а также посредством получения равного доступа к госслужбе. Subjects of administrative law participate in management through representatives or independently, and also by obtaining equal access to civil service. The second kind of prescriptions and legal possibilities presupposes active activity of assistance to executive bodies, their employees. The third category of duties and rights of citizens is realized by providing the authorities with their protection, creating the proper conditions for their implementation in practice. The last kind of prescriptions and legal possibilities concerns the participation of individuals in the work of the executive institutions. For example, citizens can act as members of interdepartmental commissions, expert-advisory, scientific and technical, coordination councils, freelance experts and so on.

Legal Possibilities

The rights of subjects entering into administrative and legal interactions differ for different reasons. In accordance with the mechanism for their implementation, the following categories of legal opportunities are distinguished:

1. Unconditional (absolute). Subjects use these rights at their own discretion. At the same time, the power structures should form the appropriate conditions and do not create obstacles to their implementation, ensure their protection.
2. Relative. To implement this category of rights, an act is required, approved by the state agency. For example, it may be an order to be appointed to a position, a permit / license to conduct business.

Rights are also different depending on the range of subjects to which they are granted. On this basis legal possibilities are distinguished:

1. Are common. They apply to all spheres and branches of government. For example, there is a right of citizens to appeal decisions of officials.
2. Special. They are installed in a specific area or industry. For example, in the economic sphere every citizen has the right to conduct entrepreneurial activities.

Depending on the content of the allocated features:

1. Participate in the state administration. In particular, individuals can enter the civil service, make proposals, etc.
2. Obtain state assistance. For example, citizens are provided with medical, sanitary-epidemiological, technical, and organizational assistance.
3. Get protection. As the main forms of implementation in this case are an administrative complaint, the right to help in non-state associations.

Regulations

Along with the rights, as mentioned above, citizens are given duties. In particular, persons must:

1. Comply with the Constitution.
2. To pay taxes established in accordance with the law.
3. Take care of nature.
4. Defending the Motherland, etc.

Non-fulfillment of duties or evasion from them, as well as abuse of rights, entails adverse consequences for citizens. In particular, the violators may be subject to various measures of influence as set forth in the law. Illegal conduct is regarded as an administrative offense. The consequences may be material or non-property.

Foreign citizens as subjects of administrative law

Their legal status is regulated by domestic legislation and international treaties. The norms of Russian law apply to all persons within the territory of the Russian Federation. All people to some extent during their stay in the country enter into interaction with the executive bodies in different spheres. Foreign citizens as subjects of administrative law are given certain legal opportunities. At the same time, the state ensures their implementation and protection. In accordance with the Constitution, foreigners exercise their rights and fulfill the prescribed requirements on an equal footing with the citizens of Russia, with the exception of cases provided for in the norms. The following categories of persons are separately considered in the legislation:

1. Constantly living in the country.
2. Temporarily arriving.
3. Passing through the Russian Federation.

The state can grant political asylum to persons who come from abroad, according to generally accepted international norms. Foreigners who have a residence permit and permit are recognized as permanent residents. These documents are provided by the VD bodies. Subjects who are in the country on other grounds are considered temporary arrivals. They have less legal capacity.

Assumptions and prohibitions

Foreigners and persons who do not have any citizenship have the right to:

1. Appealing decisions / actions of executive power institutions, their employees.
2. Personal inviolability and freedom.
3. Medicaid.
4. Inviolability of the home.
5. Education.
6. Free labor and so on.

At the same time, the law sets a number of prohibitions. In particular, foreigners are not allowed:

1. To enter the civil service.
2. To carry out activities related to admission to state secrets.
3. To enter the country without permission.
4. Live and conduct activities without relevant documents.

Foreigners are also not subject to military duty. Only to persons who come from abroad, the punishment in the form of deportation is applied. In addition, foreigners may be restricted in their freedom of movement and choice of place of residence.

A responsibility

The legislation establishes legal guarantees that ensure the exercise of the rights of foreigners on the territory of the country. They provide for the protection of property and other values. As part of legal guarantees, the responsibility of foreigners is included for violating the obligations established for them, as well as for abuse of rights. Effects on them are applied on a general basis. Exceptions are those who have immunity and privileges. In accordance with the principle of sovereignty, the state independently establishes limits of responsibility for citizens who have come from abroad.

Conclusion

Above we considered the features that citizens have as subjects of administrative law. Coursework reflected key aspects of the legal status of persons residing on the territory of the country. It examined various manifestations of the legal status of citizens, including those who came from abroad, state guarantees, directions of actions of the executive bodies to ensure its implementation and protection.