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Objects and subjects of administrative and legal relations. Administrative and legal relations: examples

Administrative and legal relations - a sphere of interest because it involves a wide range of actors engaged in activities. Participants in the corresponding type of communication can be citizens, organizations, state and municipal authorities. Let's consider how the interaction between them takes place in the vision of Russian lawyers.

Administrative and legal relations: subjects

According to a common interpretation of Russian lawyers, the subject of administrative and legal relations can be considered a participant in communications, carrying out activities at the executive level of the state, region or municipality, usually associated with political management. Typically, the subjects of the relevant relations are directly institutions of power, structures and officials, whose status is officially fixed in federal, regional or municipal laws. An option is possible in which such will be not only the executive bodies, but also the courts, public associations and even physical persons. There are individual subjects of administrative-legal relations, but there are collective (hereinafter we will consider these and other criteria for their classification).

The status that implies "subjectness" in the aspect of the type of legal relationship in question, as lawyers consider, can be understood as a permanent or periodic phenomenon. Some experts believe that it is more legitimate to characterize it by the first sign. As, for example, an official has managerial powers not only at the moment of active interaction with other subjects of legal relations, but also throughout the term of his official activity. There is another point of view. According to it, the authority or official becomes the subject of legal relations only in the case of starting interaction with other communication participants.

Thus, the key subjects of administrative and legal relations, according to a common interpretation, are state bodies, government institutions or organizations, and in some cases natural persons, who are endowed with rights and obligations in the exercise of powers determined by the specific nature of the relevant branch of law. Are there experts who identify the criteria for recording the status of the activities in question? What are the characteristics of an administrative legal relationship? Consider them.

Conditions for the emergence of administrative and legal relations

Administrative and legal relations, subjects of legal relations arise with the following set of conditions. This list is not exhaustive, but it is a basic range of factors, the relevance of which is fixed in the environment of modern Russian lawyers. First, there should be administrative and legal norms that prescribe to subjects of legal relations appropriate rules of conduct, obligations. Secondly, it is assumed that the participants in the relationship have recognized legal capacity. Thirdly, there must be grounds for the appearance of a corresponding type of interaction of subjects.

Classification of subjects of legal relations

The subjects of administrative and legal relations, as Russian lawyers believe, can be classified into several groups. Which ones? Subjects of administrative legal relations are divided into two main categories, according to a classification common to Russian lawyers. This is the group of subjects that is represented by the individual players of the process, as well as the one that includes the collective participants. The first include: citizens of the Russian Federation, foreigners, as well as stateless persons. To the second: authorities, state and municipal government, state corporations, as well as public associations and labor collectives. The subjects of administrative and legal relations are, despite the narrowness of the corresponding direction of regulatory regulation, the most diverse types of participants in public communications. Of course, if we take as a basis the point of view common to Russian lawyers.

Classification of legal relations

Having considered what subjects of administrative-legal relations there are, we can study the classification of the corresponding type of activities. Modern Russian lawyers distinguish the following criteria. The main administrative and legal relations are:

  • With the participation of co-ordinated structures (as a rule, this refers to power institutions);
  • At interaction of subjects at one level;
  • Between institutions of power and organizations (institutions, associations);
  • Between state and municipal authorities;
  • Between power and citizens;
  • Interaction of natural persons and organizations;
  • Between municipal authorities, citizens and organizations.

Some experts believe that it is also advisable to classify the legal relations in question from the point of view of the specifics of the state system. Regarding Russia, in this way, one can single out the activities of the following type:

  • Between federal authorities and regional (usually in the aspect of interaction of the executive branch);
  • With participation of institutions of political management of different subjects of the Russian Federation of the same level;
  • Between regional bodies and local administrative-territorial structures.

There are several other criteria on the basis of which administrative-legal relations are classified. Examples: the purpose of the emergence of the relevant relationship, the nature of legal facts, content. Let's consider features of each of them.

If we take as a basis the goal of the emergence of the relations in question, then they can be subdivided, as modern Russian lawyers believe, into internal and external ones. The first include activities based on the interaction of officials and structural units within individual departments. By the second - those relations that are formed in the process of communication between subjects of different types. For example, between a certain authority and citizens.

Regarding the characteristics of legal facts, participants in administrative and legal relations may interact with each other, taking into account the legitimacy of certain acts or lack thereof. Another criterion for classifying the activities under consideration, which we noted above, is the content of the relationship. Here, lawyers divide them into material and procedural. The first include communications regulated by the provisions of sources of law of a material nature. Within the framework of the second party, administrative and legal relations interact within the limits of procedural norms.

Administrative relations: the procedural aspect

Let's consider this aspect of interaction of communication participants. What are the subjects of administrative-procedural relations? The fact is that their spectrum is very wide. First of all, because the relevant sphere of legal regulation covers a large number of public and state institutions and types of citizens' activities. The subjects of administrative procedural relations are, according to the concept widespread among Russian jurists, citizens, persons without citizenship in relation to any state, labor and public organizations, and, in fact, structures that by virtue of their authority play a key role in administrative processes . A significant role in this area is played by the courts.

Regarding the procedural aspect, subjects of administrative relations on the part of the GPS (civil specializations in higher education institutions and scientific institutions) are understood as a set of three types of communication participants. First, these are the subjects that have exclusive powers in the aspect of political power - the president, the government and other higher executive bodies. Secondly, it is a group of participants, in relation to whom the management is carried out - citizens, businesses, non-profit organizations. Thirdly, these are subjects that occupy an intermediate position: they can simultaneously be holders of power and also be accountable to higher-level political structures. These are, in fact, regional and municipal bodies and officials.

Administrative-legal relations: occurrence, course, termination

It will be useful to study such an aspect as the emergence of activities of the type in question, their course, change and termination. In the legal theory of the generally accepted is the setting according to which any type of legal relationship arises because of the emergence of legal facts. We noted above that their essence can be a criterion for classifying the corresponding interaction of subjects. Now let's consider what are the legal facts in more detail.

In modern science, their essence is defined as follows. Legal facts are circumstances that, due to the action of actual legal norms, establish, modify or terminate legal relations. There are two main types: those that reflect the appearance of certain material moments, as well as those that fix the fact that the relevant phenomena are provided in the sources of jurisprudence as a basis for legal consequences. Let's study the most remarkable characteristics of legal facts.

Legal facts as the basis for the emergence of legal relations

To begin with, it is worth noting that the nature of the relevant facts lies mainly in the social plane. That is, they appear due to certain life circumstances. The next stage of their formation is correlation with the current legal norms. The facts in question are, as a rule, divided into two types: actions and events.

The first include activities that are due to the subjective will of the direct participants in legal relations. Their essence can be legitimate or not have such a property. The legal facts of the first type include, for example, publication by the authority of some order, decree or other source of norms that allows you to manage a certain process within the limits of entrusted authority. Or the execution by the political institution of the statutory act. In turn, improper actions of subjects - those that violate the relevant requirements and conditions, which are set out in existing standards.

Events are, in turn, legal facts that do not depend on the will of the subjects of legal relations. This can be, for example, the operation of certain external factors of a market nature. Or the obligations arising due to any terms - for example, the need to replace the passport in connection with the achievement of such an age. For this reason, a citizen has an obligation to enter into an administrative and legal relationship with the migration service and to issue a new identity document.

Subjects of administrative relations after the discovery of legal facts may acquire certain rights or obligations. Their subsequent actions may fall under some responsibility. At what specific moment do administrative and legal relations arise? Examples here can be very different. Consider a very simple one. Let's say a citizen applies to the mayor's office to complain about the poor quality of asphalt pavement in the yard of his house - in writing. He thereby commits an action that forms a legal fact. In accordance with the stipulated norms of administrative and legal nature, the mayoralty accepts the application for consideration. And from that moment on, the corresponding relationship, in fact, begins.

Contents of administrative relations

Subjects of administrative relations interact within two basic areas - material and legal. Concerning the first - communications occur taking into account the essence of the behavior of the parties. During the second, subjects of administrative legal relations interact, based on the availability of certain legal rights or obligations.

Thus, from the point of view of the content, activity, which we are talking about, represent a constant interconnection of the rights and duties of the subjects. If some aspect of the relationship has power, then the other becomes obligated. In turn, the administrative-legal norms contain wording presupposing responsibility for non-compliance with the relevant requirements of the participants in the interaction. To whom can it arise?

In civil law there is a responsibility, first of all, of one subject of legal relations before another. In the administrative situation is somewhat different. The matter is that responsibility here arises, as a rule, before the state, its bodies or officials whose functions and powers are defined in relevant legal acts. Above, we noted that the subjects of administrative and legal relations are, first of all, structures that fulfill the functions of political management. Thus, executive authorities can influence participants in communications that violate regulations that are provided by sources of law, through disciplinary or administrative penalties. In turn, these institutions are responsible for the correctness of the actions performed before the higher-level political structures, for example, the government of the Russian Federation.

Administrative and legal relations: objects

Let us now consider how objects of administrative-legal relations are defined. In the modern legal science there are very different criteria, allowing to distinguish and classify their essence. According to one of the concepts, objects of administrative-legal relations can not be distinguished in multiplicity. Why? The fact is that there can not be several of them: the object of the corresponding legal relationship is one, and this is the behavior of a person dictated by his will. Which, in turn, may be a consequence of the emergence of certain obligations or the desire to carry out any action - within the framework of a legitimate or not envisaged by the current normative source of initiation.

According to another point of view, objects of administrative legal relations are not people's actions, but certain material or other goods - values, property that can satisfy the actual interests of the subjects of the corresponding activities. The key criterion here is that all of them should be provided by sources of administrative law. At the same time, the essence of the objects of legal relations in question can be very different.

An interesting fact is that this theory is to some extent reinforced at the legislative level. There is, in particular, Government Decision No. 872, adopted on December 15, 2007. It directly lists the objects of administrative and legal relations - those that are relevant for interaction between federal authorities and certain types of state enterprises. For example, this is the property of the organization, its products, revenues and revenues.

Protection of interests in the framework of administrative law relations

Studying administrative and legal relations, subjects of legal relations, it will be useful to pay special attention to such aspect, as the mechanism of protection of interests established for the parties of corresponding communications. It is quite common that the subjects of interaction protect their rights in court.

But it is not the only possible one. Moreover, as some lawyers say, most of the disputes are resolved by administrative methods. The definition of a party that has the right to certain preferences is exercised by the subject of relations, whose powers are reflected in the formulations of the relevant normative act. It can be, for example, an authority. In addition, subjects of legal relations, which have certain powers, can apply measures of influence against other participants in communications. For example, the requirement to provide any additional documents, perform such and such actions.

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