Sources of administrative law are regulations issued by various authorities. Their main feature is the presence of subordination between the publisher of the act and the person obligated to execute it. What are their other features?
Administrative law
This is an industry that regulates the relations of citizens, legal entities and executive authorities. Cases of administrative responsibility usually come to mind , but this is only part of the picture. All acts governing the procedure in a particular case are also part of administrative law.
As stated above, citizens and organizations are subordinate to officials or authorities.
Another feature of the industry is the large volume of acts of various levels adopted at all levels of government: from the central government to local authorities.
Administrative rules of law regulate the activities of state bodies and its representatives in the event they exercise authority.
The concept of sources
Sources of administrative law are forms of expression of the will of the state, ways of fixing accepted norms. In simple terms, normative acts approved in the established manner act as sources. They may partially or fully contain the norms of administrative law, because legislative acts rarely contain rules relating to only one industry.
Administrative law is a vast industry. It regulates the activities of executive bodies. In fact, Government Decisions, instructions, orders, administrative regulations are all elements of the described branch of law.
Sources of administrative law are acts adopted by regional authorities, as well as municipalities.
How to find out if a document is related to sources
A legal act is a document against which a number of requirements are presented. Their failure to make it partially or fully illegal. What properties does he possess?
- It is published by an authorized person or body (in accordance with the Constitution or law).
- The content and design should also meet the requirements of the laws (they are stamped and signed by authorized persons).
- An act is considered legal if the procedure for its adoption is followed (the approval of some acts is a series of stages).
- A legal act is a document that is subject to publication in established media and within a specified period.
- It is envisaged that acts of executive authorities, if they affect the rights and interests of citizens, are registered with the Ministry of Justice, without which they do not acquire legal force.
Regulatory Hierarchy
The following indicates which acts are sources of administrative law:
- The basic document that underlies all legislation that acts directly is the Constitution.
- Federal Laws (CAO).
- Regional laws adopted by entities within their powers.
- Decrees of the head of state.
- Acts of the Government of the Russian Federation.
- Acts of executive authorities.
- Acts of regional governments.
- Acts of municipalities.
Examples of sources of administrative law of the Russian Federation are regulations and orders of the Ministry of Internal Affairs in the field of traffic, arms trafficking.
Key acts
The Constitution contains provisions developed by adopted laws or acting directly. For example, it establishes the distribution of powers between central and regional authorities. It regulates the status of authorities, in particular the Government, describes the procedure for its appointment, activities. The same can be said about the President and parliament.
Usually, the Constitution and laws of the Russian Federation are mentioned as sources. However, regional constitutions or charters still operate in the legislative field.
They copy the provisions of the federal Constitution and, in addition, cannot conflict with federal laws.
Based on the main law of the country, the structure and distribution of power between the executive branch of the constituent entities and representative bodies of power (legislative assemblies, Dumas, etc.) is described.
Thus, there are several types of constitutional norms, depending on the level of adoption of the act. What is their common feature? Adopted either by referendum or by a representative body of government elected by citizens.
The laws
These, according to scientific papers, are acts affecting the most important social relations. The Constitution refers to 3 types of laws:
- constitutional;
- federal;
- laws adopted by entities.
The first category takes second place after the Constitution. For example, the law on the Government of the Russian Federation or on the entry of Crimea and Sevastopol into Russia.
Sometimes the adoption of such a law entails the adoption of additional laws. For example, the status of the Supreme Court, its judges is regulated by other laws.
Federal laws address less significant issues and, as a rule, establish fairly detailed rules. An example is the regulation of law enforcement.
A significant part of the norms is contained in the Land Code, laws governing air and water traffic.
Acts of the head of state
Decrees of the President of the Russian Federation carry significant weight. He issues direct acts or draws up instructions to them sent to the Government as a whole or to individual bodies. For example, the famous “May decrees” were then concretized by separate Government Decisions.
The acts of the chapter have both a general and an individual orientation. For example, decrees of the President of the Russian Federation on the appointment of officials, their promotion or dismissal, and the resolution of other specific issues. These are all acts of an individual orientation.
If a decision is made on individual authorities, for example, a regulation on a body or service is approved, another decision is made that affects an indefinite number of citizens, the document is of a general orientation - it has a normative character.
Government Acts
The Government of the Russian Federation is a collegial body and has the right to adopt acts jointly. Often they are framework in nature and somewhat expand the provisions of laws. They are more detailed when it comes to an order from the President. The same can be said about the implementation of individual laws. For example, a decree on the provision of housing for military or equivalent servants. However, departments are adopting instructions based on this government decree. They either supplement or specify the provisions laid down in laws.
However, it is impossible to reduce the degree of influence of this body on administrative law. The significance of these acts in the ability to quickly respond to changes in society. They are characterized by a high degree of concretization.
Acts of central authorities
Their acts (we are talking about the central authorities and entities) constitute the most voluminous category of sources of administrative law. These are the most striking examples of sources of administrative law in the Russian Federation. Most often, at this level, orders are adopted that approve regulations, procedures, and orders.
For example, the regulation governing the relations of traffic police officers and drivers.
The governments of the constituent entities mainly adopt decisions that often resolve particular issues transferred to the competence of local authorities.
Municipal acts
Municipalities represent the grassroots level of government. But he is not considered a continuation of it. From the point of view of the Constitution, they are separated from state power and exercise separate powers. Today, despite the formal separation, this level of power is limited in authority and dependent on state power, which is especially felt in cities of federal significance.
The bulk of the acts are instructions on the use of local budget funds.
Due to them, the territory of the municipality is ennobled, engineering systems (water, energy and heat supply) are put in order.
All kinds of regulations, procedures adopted in this case, do not differ in variety and are written off from methodological instructions or similar acts of higher authorities.
Responsibility for violation
The sources of administrative law in this part are:
- CAO;
- Laws or Codes of the regions on administrative responsibility.
CAO - an act of federal significance, it determines:
- principles of constructing legislation on administrative responsibility, bringing to it, release and sentencing;
- a list of violations, sanctions, within which the court or the authorized body chooses a punishment;
- administrative investigation or prosecution procedure;
- prosecution procedure in a trial;
- appeal procedure, requirements for a judicial complaint.
Regional laws should be issued under the Code of Administrative Offenses and constitute an additional list of offenses.
Cancel and change
The law provides for a judicial procedure to amend or repeal an administrative act. The interested person has the right to apply to the court.
If the plaintiff is a subject of economic activity, the case shall be considered in arbitration. If the citizen or other authority (for example, the prosecutor's office), the dispute is considered in accordance with the rules of the CAS.
Acts of bodies at the regional level and municipalities are considered in the courts of the regional level.
The Armed Forces of the Russian Federation are engaged in acts adopted by central authorities, as well as at the level of the Government and the President, at the first instance level.
It serves as a second instance for the settlement of disputes over acts adopted at the level of subjects and municipalities.
Finally
Having considered this issue, we note that the Russian legislative acts represent an extensive system of documents. They are built in a strict hierarchical system. True, this does not eliminate confusion and contradictions between them.