Administrative procedure is part of the general legal system. In order for state bodies to implement legislative, executive and judicial decisions within their competence, to ensure the exercise of civil rights, standards have been established in the form of general and special procedural forms. At their level, the definition and practical use of the relevant legal procedures: legislative, judicial. This includes the administrative procedure, it is an analogue of managerial legal activity and an element of the process.
Power structures and their meaning
Power in the state is carried out by various structures, each of them has a separate field of activity:
- The legislative authorities carry out actions on legislative legal procedures, they are involved in the adoption of laws and establish their order. In addition, this structure carries out production with a preparatory character, it does not apply to parliament, but participates in the legislative process, and contributes to its implementation.
- The judiciary administers justice using justice as a tool. It contains special legal procedures developed for the courts and included in the Code of Civil Procedure, Code of Criminal Procedure, agribusiness - in all legislative codes of the Russian Federation.
Executive purpose
It is possible to exercise executive power and carry out state administration together with the activities of local bodies with the help of norms in the manner of implementing administrative procedures. The same implies a management process. Under the auspices of the executive structure, officials in these bodies, state and municipal employees act in accordance with material standards in a single procedural legal system. The mechanism of the executive branch acts by elements of law:
- applicable;
- executive;
- creative.
The scope of administrative procedures is only law enforcement, where the authorities:
- carry out public management by officials;
- adopt individual administrative acts;
- consider and resolve cases;
- make management or jurisdictional decisions.
The basis of this direction are constitutional standards.
The content of federal laws
Authorities carry out each opinion by its decisions on the basis of approved legislative acts. They contain procedural rules and carry out administrative procedures:
- Federal Law No. 59 determines in what order to consider applications from citizens of the Russian Federation.
- Federal Law No. 99 approved licensing for certain types of activities.
- Federal Law No. 122 indicates how to conduct state registration of real estate.
The standards contain codes for administrative violations and arbitration processes. For example, a presidential decree 200 on administrative procedures was issued in Belarus. The document discloses the procedure on the part of state bodies, organizations of different status, accepting applications from citizens.
general information
A regulatory sequence has been established to exercise administrative authority. They are aimed at solving individual cases or performing managerial functions. This means that if a question arose in public administration, then administrative norms must be applied to solve it. And they require executive actions that can be performed by the competent authorities or the public administration.
The concept of administrative procedures includes certain actions performed by state authorities or local authorities.
The effectiveness and relevance of an interconnected sequence
Establishing a sequential order creates:
- reduction of deviations in legal relations;
- reduction of degree at the discretion, decisions are made in a limited time period;
- ensuring control over internal and external actions in the court system;
- creation of a unified algorithm of law enforcement practice.
Unified administrative procedures allow for legal relations in an atmosphere of publicity. Citizens are aware of all the steps that public administration performs.
Sequence of process steps
Each legal element is performed in a specific sequence. Without the organization of order, there will be no interaction between essentially different stages to achieve a single goal - a reliable result in the form of a decision on a specific issue. Administrative legal procedures go through the following stages:
- production excitement;
- trial;
- decision making by an administrative act;
- execution of the judgment in the case.
Each item is carried out in accordance with the rules of administrative regulations, instructions and clarifications emanating from the RF Armed Forces. In Belarus, legal scholars take as a basis many of the provisions of the decree on administrative procedures if they do not relate to the national register of legal acts of the Republic. In particular:
- seizure of land from private property;
- the provision of social assistance;
- issuance of licenses.
The National Center has created a unified legal information base in this area. By his decree (administrative procedures 200), the Belarusian president approved a special list, he discloses on which statements the bodies should work.
Division into species
The division of the procedural order into separate methods for its implementation allows to realize the powers established for a particular structure.
Types of administrative procedures are of the nature:
- regulatory and managerial when the executive branch, officials representing it, carry out actions determined by law;
- law enforcement, with the help of this tool subordinate citizens in physical and legal status to generally accepted legislative standards, regulate their activities and behavior by the rules.
Problem solving:
- Ensure efficiency in the activities of power structures.
- Create favorable conditions for citizens to be able to participate in the organization of public relations.
Achievements of goals:
- alignment of legal provisions between subjects of different positions;
- providing non-power bodies with concepts on the exercise of their rights and exercising control over their activities in the performance of duties.
From the list of administrative procedures, a non-power entity receives knowledge of his additional rights related to the registration of movable and immovable property, registration at the place of residence, and obtaining documents of legal significance.
Structural content
The structure of administrative legal relations consists of non-conflict or positive elements. Their formation occurs on two sides. One of them belongs to power structures, the other to citizens and organizations.
The list of administrative procedures consists of the details:
- goals;
- legal regulation;
- principles;
- order of execution of actions.
In the process of administrative activity, cases of this level are considered and resolved.
What features distinguish procedural processes
The Law "On Administrative Procedures" in Article 1 speaks of general principles in the implementation of activities in various management areas. Signs of such procedures include:
- the competence of the relevant executive bodies, whose authority provides management functions for their implementation;
- procedural forms that exercise the rights and freedoms of citizens, legitimate interests for enterprises;
- legal forms, with their help public administration is carried out;
- norms and application in accordance with the established procedure;
- regulations with the setting of tasks for each procedure;
- the status of the subject as a participant in the legal relationship;
- investigation of cases with consideration and final decision;
- administrative norms relate to substantive law;
- adoption of legal acts, intermediate or final.
The content of administrative activities is not related to disputes brought before courts in the manner of subjective public law with administrative coercion.
Basic principles
In accordance with the law on administrative procedures, actions take place on the principles of:
- legality - with strict observance of constitutional provisions, federal legislation on the powers granted;
- presumptions of the primacy of reliability - until proven by the opposite eligible person;
- a ban on abuse of rights, the application of a legal act is allowed within the meaning present in the main goal, it is impossible to use gaps in the legislation, to interpret in favor of one of the parties;
- it is excluded to use arbitrariness, to take an unequal approach, evaluating the same circumstances and legal situations;
- bureaucratic formalism is prohibited.
Administrative bodies shall adopt an act if conditions are created for the person in respect of whom it is created in order to express his opinion on all points that are significant for a correct decision.
Features of administrative acts
The executive branch carries out its activities in a managerial environment. The expression of the impact on the subject occurs in the final result by a legal decision, which says about carrying out actions with a legal effect and not entailing such criteria.
Such instructions in the course of management activities are adopted by the creation, amendment, repeal or improvement of the legislative norm. This means that a legal act is being developed. The document may contain a legislative provision with a state, political, public direction. Administrative acts belong to the largest volume in their variety.
Key features
Administrative bodies are involved in the creation of acts; they come from public persons:
- presidential decrees and orders;
- government regulations from the chairman;
- decisions emanating from municipal councils;
- decisions of public institutions.
Publication of installations is carried out by persons holding positions in the executive bodies - judges, prosecutors. The main distinguishing feature of such documentation is that it does not provide for the consent of the entities to which they are intended.
Decisions are created unilaterally by the will of the administrative body, taking into account the wishes of the addressee. The basis is the petition received from citizens, organizations. Enforcement must be indisputable, but the act may be challenged in court if damage is caused. In this case, compensation is provided.
Hierarchy of law
The creation of administrative acts takes place according to all legal canons:
- regulations - in accordance with laws and acts emanating from a higher authority;
- formality - publication takes place as part of official procedures;
- both a stop and cancellation of acts are possible.
The acts exclude legal errors, it is impossible to use the incorrect interpretation of the rules or use in an unacceptable case. Legal documents are characterized by involvement of legal consequences:
- establishment, amendment, cancellation of norms;
- creation of duties, obligations, rights, benefits, which means a change or termination of legal relations as a legal fact.
Administrative acts may contain norms:
- administrative
- financial;
- civilians;
- labor.
The influence of the position expressed in the document depends on the scope of its direction.
The content of regulatory administrative acts:
- legal norm with legal specificity, which contains legislative acts, and provides for methods of implementation;
- standard behavioral rules with public administration during control, supervisory actions, administrative punishments;
- determination and approval of organizational legal status in individual bodies where executive power is established under the authority of the President and the Government of the Russian Federation;
- implementation in ensuring the constitutional status of the entire population of the Russian Federation - education, social protection;
- the establishment of the necessary prohibitions and restrictions with the provision of special rights and obligations under public administration at the time of emergency, the introduction of a quarantine position.
A normative act may be adopted by one person and collegially. Documents of this nature are urgent and unlimited:
- federal;
- regional;
- with an action spread over several subjects;
- published for a specific organ.
Law "On administrative procedures at the federal level" - its development provided:
- the formation of norms that can govern legal actions;
- relationship regulation;
- setting efficiency in accordance with modern standards in public administration;
- creation and adoption of administrative acts;
- determination of administrative status;
- keeping records of administrative procedures, their distribution and classification.
Among legal scholars, disputes regarding adjustments and improvement of legislative provisions in this area do not cease. They propose expanding the scope of legal regulation. There were suggestions from scholars in the field of jurisprudence and on the comprehensive dissemination of elements to serve as external hardware administrative procedures.