What is administrative law? First of all, it is an independent branch of law, norms that all citizens of the state must observe, as well as persons who are within its borders.
The Code of Administrative Offenses of the Russian Federation is the main legal act that provides for various types of punishments for one or another misconduct. However, in order to apply a separate type of punishment for any offense, it is necessary to follow the standards established by law.
One way or another, but in the presence of an administrative offense, the guilty person should be punished. This is done exclusively in the prescribed manner, which is called the administrative process. The legal literature provides for the division of the administrative process at the stage at each of which certain actions are carried out. It would be the stages of the administrative process that I would like to explain in more detail, but first we need to define what the administrative process is.
Administrative process is an activity carried out by specially authorized bodies and persons. This activity is associated with the initiation, consideration and resolution of administrative cases of various nature. Today, the administrative process (or administrative proceedings) can be carried out in the following areas:
- misconduct of a disciplinary nature;
- citizens' appeals (these include applications, complaints and suggestions);
- cases of administrative offenses (consideration of cases of an act, the composition of which is provided for by dispositions of articles of the Code of Administrative Offenses of the Russian Federation);
- cases of various kinds of incentives;
- licensed production;
- registration proceedings.
The legislator provides for two types of administrative process:
- jurisdictional proceedings, which includes the consideration of cases of administrative offenses, as well as complaints and appeals of citizens.
- procedural production, which is a production on registration issues and licensing.
The administrative process consists of three main stages:
- initiation of administrative proceedings;
- trial;
- making a decision on the material reviewed.
Now I would like to describe each of these stages in more detail.
Administrative case
This stage originates from the moment of execution of the corresponding document testifying to a person committing an administrative offense - a protocol. This stage can be considered not only a procedural action - it is also a legal fact, which indicates the emergence of administrative-procedural relations between subjects. As for the person who contributes to the occurrence of this stage, it can be either specially authorized or ordinary civilian (for example, at the time of filing a complaint).
At the first stage, an administrative investigation may be conducted.
Case review
In contrast to the first stage, only authorized bodies are involved in administrative cases. As a rule, this stage is carried out in the presence of the offender. The result of the consideration of the case is the adoption of a decision - decision.
Adoption of decision
This is the final stage of administrative proceedings. Based on the results of the consideration of the case, the authorized person who carried out the second stage is obliged to make his decision and issue it properly, in compliance with all legislative norms.
The decision-making stage in the case may include optional stages, that is, those that are not mandatory. These include:
- appeal of the decision in higher competent authorities;
- review of the decision.
The administrative process provides for these stages only if the person in respect of whom the decision was made does not agree with its wording and wishes to appeal it. A similar action is provided for in criminal law, which is called an “appeal”.