When classifying industries in the theory of law, the method and subject of regulation are distinguished. Moreover, the latter is considered the main element of differentiation. It is formed by social relations, which are governed by the norms of a particular industry. Next, we consider what is the circle of social relations regulated by administrative law .
General information
Administrative law regulates social relations arising in the organization and implementation of public administration. They are also called managerial.
They stand out from all social relations by a number of signs. The key is the basis of occurrence. All other characteristics are derived from it.
Legal dependency
In public relations regulated by administrative law , the parties are unequal. One of the participants always has priority in decision making.
It follows from this that social relations regulated by administrative law are authoritative in the sense that one side is endowed with the authority to make decisions in relation to the other. Accordingly, not all interactions can be called managerial, although they can arise in the field of management. In this area, the parties may enter into labor, financial, civil, land and other legal relations.
Interactions governed by civil standards can also be based on power subordination. For example, we are talking about business partnerships, companies and their subsidiaries. However, in contrast to public relations regulated by administrative law , their participants are subjects of civil law, they pursue a civil law interest related to participation in circulation.
Organizational nature
Management relations - a type of organizational interactions. In the field of public administration, relations arise related to the implementation of the civil legal capacity of legal entities (when making transactions), labor (when hiring employees, collective bargaining, etc.), self-organization of representative, judicial and other bodies.
The organizational nature of public relations regulated by administrative law determines their nature. They may arise about any property. At the same time, in practice, they, as a rule, are precisely property management. For example, administrative law regulates social relations related to the creation of unitary enterprises, transfer of state property from one owner to another entity, etc. At the same time, unlike civil ones, they do not have an equivalent-paid character. They have no monetary value.
In some cases, a fee is provided for actions committed by government structures. However, it is not the result of civil transactions. This board is a consequence of one-sided solutions. It is a kind of compensation for the expenses of state bodies and is expressed in the form of fees, duties, etc. For example, the legislation establishes a fee for state registration of legal entities, transport, and so on.
Objectives of the subjects and ways to achieve them
The nature of public relations regulated by administrative law depends on various factors. Among them are the goals of the participants, as well as the methods chosen to achieve them.
The most telling examples of this claim are interactions involving bailiffs. Their tasks include ensuring the protection of many objects, including sensitive ones. If necessary, they enter into interaction with other actors.
Another category of officials is bailiffs. Their activities are related to the direct implementation of court orders in accordance with the rules established by law. In the relations they enter into, coercive measures are often used against persons who do not execute decisions voluntarily.
Classification
Depending on the sphere of occurrence, there are such types of social relations regulated by administrative law as:
- Internal They arise within each management body.
- External They are associated with the interaction of state structures with other objects and entities.
External relations are characterized by a multiplicity of species of their participants. Each of them has its own specific nature, legal status, purpose. By these criteria, it is possible to distinguish subspecies of subjects. For example, in the sphere of public relations regulated by administrative law , the government and federal departments can act as subjects.
Subject composition
The totality of public relations regulated by administrative law includes, first of all, interactions between state bodies and:
- Individuals. This is primarily about the citizens of the Russian Federation. At the same time, foreign individuals as well as stateless entities can participate in relations.
- Non-governmental and state organizations of various forms of ownership.
- Other governing bodies. At the same time, both vertical and horizontal interactions are included in the totality of social relations regulated by administrative law.
- Civil servants.
- Municipal institutions, enterprises, organizations.
- Executive structures MO.
- Municipal employees.
The circle of public relations regulated by administrative law includes interactions of employees with each other.
Territorial authority system
When determining which public relations are governed by administrative law , researchers often ignore the existence of a relatively separate category of interactions. They are relations associated with the functioning of the local executive power.
In municipalities, interactions arise that are similar to state administrative ones, but possessing a number of features inherent in the system of territorial self-government. Spheres, nature, grounds for the formation in it of a circle of social relations regulated by administrative law are determined in Federal Law No. 131.
In accordance with the regulatory act, at this level, relations of local authorities with:
- Individuals.
- Municipal organizations, institutions, enterprises.
- Municipal employees.
Important point
It should be noted that at the municipal level, administrative law regulates public relations in which local executive bodies and their employees, as well as individuals, enterprises, organizations, institutions located within the boundaries of the Moscow Region, participate.
Self-organization of the system of territorial self-government is not covered by administrative norms. It is regulated by municipal law.
Special category
Administrative law regulates public relations in which enterprises, institutions, their officials with authority, and individuals and organizations created by them, on the other, participate. In the legal literature, this circle of interactions is not usually singled out specifically. Meanwhile, a large number of functions and tasks implemented in the field of management are shifted precisely to the level of institutions and enterprises. In the process of their functioning, the legal personality of citizens and organizations formed by them is implemented. This, in particular, is about customs, supervisory, registering, border and other structures.
The activities of many institutions and enterprises are associated with the maintenance of order and the use of especially dangerous facilities. In this regard, their employees are empowered to directly apply administrative coercive measures in the manner and cases specified by regulatory enactments. Such officials, in particular, include captains and commanders of air, sea, river vessels, etc.
The specified powers are often given to employees of enterprises and institutions, regardless of the form of ownership of the latter. This is due to the fact that they have a general purpose, which consists in ensuring order and security in society. In this case, the grounds for the exercise of powers and the nature of coercive measures are determined taking into account the content of the main activity of a particular enterprise or institution.
Autonomous Relationship Group
The subject of this industry includes managerial interactions that arise in the system of prosecutorial supervision, the judiciary and the legislature. They appear mainly due to the formation of the administrative apparatus in the relevant bodies. In some cases, their occurrence is directly related to the formation of a specific power structure (prosecutor's office, for example) or the implementation of measures of responsibility / incentives for civil servants and other employees.
These relations constitute an autonomous group and are not included in the structure of managerial interactions that reflect the nature of management as an independent type of state activity. The presence of this circumstance allows us to determine the narrow and broad meaning of this activity. In the first case, the structures of local and state administration act as subjects. In a broad sense, management activity is considered in the sense that is characteristic of all municipal and state bodies.
Industry Scope
It must be said that recently in the legal literature there has been a widespread assertion that the subject of regulation includes not only managerial relations, but also managed activities. Examples confirming this conclusion are traffic rules, rules of conduct for citizens in public places, the procedure for trade, teaching in educational institutions, sanitary standards, etc.
Management structures monitor compliance with these rules, and apply coercive measures against violators if necessary.
The possibility of separating managed activities as a subject of regulation stems from the essence of public administration. Its participants are not personified, in contrast to subjects of managerial relations arising in the course of law enforcement or law enforcement activities. It should also be noted that often the actual activities of citizens aimed at implementing the requirements are carried out outside the framework of managerial relations. This, in particular, applies to the sphere regulated by technical and legal provisions, for example, the construction project reflects sanitary, fire and other requirements.
Features of the regulation of managed activities
Administrative law is an element of public law and order. Accordingly, they are directly related to the regulation of managed activities. It, in turn, can be considered as managerial relations from an objective point of view, since it is accompanied by a definition of duties and rights of potential participants in interactions.
Managed activities include registration of individuals at the address of stay and permanent residence. The government acts as the direct subject regulating these relations.
Nuances
From the administrative point of view, all kinds of activities can hardly be considered manageable. One cannot but take into account the peculiarities of civil society, in which emerging relations do not allow public power in certain areas of life. Here, interactions are governed not only by legal requirements. In this area, there are diverse, but also social norms.
There are quite a few administrative rules governing relations not related to management. These include, in particular, definitions, provisions establishing a circle of persons to whom legal acts extending their effect enshrining requirements for the actual activities of certain employees, etc.
Finally
The subject of administrative law is primarily public relations, which are formed in the course of the positive activities of entities involved in the management process. At the same time, its norms regulate administrative, and within the framework established by law, material and disciplinary liability.
Relations that are formed in these and some other cases are endowed with a special character. They relate to the jurisdiction of government and have a law enforcement focus.
Accordingly, the subject of regulation includes various social interactions endowed with both general and specific features. Their unifying feature is that as participants in such relations are the subjects of power that exercise administrative and legal powers.
Management is always characterized by subordinating the will of the subjects of joint activity to one governing will. On the one hand, there is a dominant expression of will, on the other, submission to it of the will of other participants. This is precisely the ratio of the parties in managerial relations regulated by administrative law. From this follows the imperious nature of interactions. At the same time, power acts as a means of volitional regulation of management processes and the behavior of the entities involved in them.