The subjects of administrative law are carriers of duties and legal opportunities that they are endowed with to exercise powers in the field of public administration. Legislation defines several of their categories. Let us further consider what constitute the subjects of administrative law, the administrative status of a citizen .
General information
Administrative legal entities can become participants in the relevant relations in the presence of a number of conditions. In particular, special rules must exist. They determine the obligations and rights of subjects. In addition, there must be reason for the emergence of appropriate relationships. And, finally, subjects must have administrative legal capacity.
Categories
The subject of administrative-legal relations is a person who, according to the current legislation, participates in management regulated by special rules. At the same time, it is endowed with specific powers that it is capable of realizing. The specified participants can be individual and collective. The latter include:
- Diverse commercial structures.
- Local authorities.
- Unions, parties, social movements and other associations.
- Labor collectives.
- Government organizations, enterprises, institutions.
- Structural units of executive bodies with their own competence.
- Government bodies.
Citizens are individual subjects of administrative law . Moreover, they may be subjects of foreign countries.
Person and citizen as a subject of administrative law
Among all participants in the relationship stands out a specific category. It has a number of features compared to other persons. A person and a citizen as a subject of administrative law acts as a carrier of specific legal opportunities. He is endowed with them for the realization of his own vital needs and for participation in the process of managing state and public affairs. Along with legal capabilities, the duties of citizens as subjects of administrative law are also established . Here it is necessary to clarify one important point. In this aspect, the citizens of the Russian Federation as subjects of administrative law are not endowed with administrative powers. They can be either working, students or retired.
Legal status
A set of duties, rights and responsibilities of an individual form its administrative and legal status. It is predetermined by constitutional provisions. In this regard, the status is stable and universal. It manifests itself in various forms. Some lawyers associate them with citizenship. In accordance with this, several categories are distinguished. The first includes ordinary, honorary, and dual citizens. In the second group are persons who are subjects of far and near abroad. The third category includes stateless persons. The distinction of these groups is made according to regulatory provisions. At the same time, there are differences related to access to state secrets, military duty, measures of responsibility, and the replacement of a number of posts.
Manifestation forms
A citizen as a subject of administrative law is vested with certain powers and is responsible for ensuring his participation in public administration and the satisfaction of his own and public interests, due to the functioning of state bodies. The legal status of an individual may be:
- Common . For a particular area, it is basic.
- Special . Such status mediates diverse legal behavior.
The latter category, in turn, is classified into subspecies. Special status may be:
- Individual subject.
- Member of the management team.
- The subject of administrative custody.
- Resident of the territory in which the special regime is established.
- The subject of the permit system.
Additional categories
In accordance with the nature of the guaranteed activity, the following statuses are distinguished:
- General civil - in the field of state affairs. It is determined by constitutional provisions and aims to develop social qualities.
- Functional client. With its help, citizens, as subjects of administrative law, in short, realize their own interests and satisfy their needs. This is ensured by the corresponding authority of the services, bodies and their employees.
- Affiliate. It manifests itself in the process of participation of individuals in the work of executive bodies and the implementation of various social roles.
- Guardian. In accordance with it, a citizen as a subject of administrative law receives guaranteed protection.
Executive role
It is of particular importance in the formation and implementation of the status of a citizen. Within their competence, these structures:
- They approve regulations affecting the content of administrative status.
- Enforce the provisions.
- Ensure the implementation of subjective civil rights.
- Carry out protection.
Key elements
Legal personality is ensured by legal and legal capacity. The presence of the latter is an essential condition for the participation of a person in management. Citizens and organizations are endowed with it . The subjects of administrative law cannot transfer or alienate it. Its volume may be changed by law. The legal capacity of a citizen acts as the basis for his legal capacity. The latter is an opportunity through our own actions to obtain legal opportunities and realize them, as well as bear the corresponding responsibility. A citizen as a subject of administrative law is endowed with legal capacity from a certain age.
Aspects of the legal status of persons
In accordance with the Constitution, a person, regardless of social, property, service and other status, acts as a subject of all branches of law. It is recognized by the Basic Law as the highest value of the state. The fact of citizenship implies the corresponding rights and obligations. They are defined in the areas of:
- Public and state activities.
- Family or personal, not related to public interests.
- Economic and labor activity.
When a person acquired the status of an individual, and then a citizen, another element arises - social. It is necessary to ensure employment. The social element allows a person to carry out labor activities, to serve in the armed forces, to study, etc. Another component is special — a citizen, as a subject of administrative law, acquires it at his own request.
Specificity
Administrative status has some features. First of all, it is distinguished by a complex complex nature, "permeated" by the norms of various legal sectors, reflecting the interaction of a person, society and the state. In addition, the opportunities and responsibilities of citizens as subjects of administrative law may exist separately or in combination. For example, a person may apply to certain authorities with statements, complaints, etc., must comply with traffic rules. The complex of rights and obligations is manifested in cases when, when considering a case of an offense, the subject can appeal the decision and must pay the fine imputed to him.
Nuance
In some cases, the content of the status of a citizen as an administrative legal entity depends on the will of a person. For example, to acquire a hunting rifle, you must obtain permission. It, in turn, is issued in authorized bodies at the request of the person. In other cases, status arises contrary to the will of the subject. For example, a person who committed petty hooliganism is subject to a measure in the form of detention and delivery to the police.
Structure
Citizens of the Russian Federation as subjects of administrative law possess:
- Common legal opportunities and responsibilities for all. For example, individuals are required to comply with fire safety regulations.
- Responsibility and legal opportunities belonging to a specific category. For example, drivers, hunters, entrepreneurs have their duties and rights specific to a particular activity.
- Legal capacity and liability for certain individuals. For example, refugees and internally displaced persons have their own duties and rights.
Public administration
Citizens of the Russian Federation as subjects of administrative law exercise their legal capabilities, follow the requirements and are responsible in cooperation with management structures. At the same time, the latter exercise control over the fact that, within the framework of relations, the actions of some individuals do not infringe on the interests of others. Obligations and rights of citizens in the field of public administration are conditionally divided into 4 types. The former are necessary for participating in the regulation of state affairs. They are implemented by individuals, associations of citizens. The subjects of administrative law participate in management through representatives or independently, as well as through equal access to public service. The second type of prescriptions and legal opportunities involves vigorous assistance of the executive bodies, their employees. The third category of duties and rights of citizens is realized by providing the authorities with their protection, creating the right conditions for putting them into practice. The last type of prescriptions and legal opportunities concerns the participation of individuals in the work of executive institutions. For example, citizens can act as members of interagency commissions, expert advisory, scientific and technical, coordination councils, freelance experts, and so on.
Legal Opportunities
The rights of entities entering into administrative-legal interactions differ for various reasons. In accordance with the mechanism for their implementation, the following categories of legal opportunities are distinguished:
- Unconditional (absolute). Subjects use these rights at their own discretion. At the same time, power structures should create appropriate conditions and not create obstacles to their implementation, ensure their protection.
- Relative. To implement this category of rights, an act approved by a state agency is required. For example, it may be an order for appointment to any position, permission / license to conduct activities.
Rights vary and depending on the circle of subjects to which they are granted. On this basis, there are legal opportunities:
- General. They apply to all areas and industries of management. For example, there is the right of citizens to appeal against decisions of officials.
- Special They are installed in a specific area or industry. For example, in the economic sphere, every citizen has the right to conduct business.
Depending on the content, there are opportunities:
- Participate in public administration. In particular, individuals may enter the civil service, make proposals, etc.
- Receive government assistance. For example, citizens receive medical, sanitary and epidemiological, technical, and organizational assistance.
- Receive protection. The main forms of implementation in this case are an administrative complaint, the right to help in non-governmental associations.
Regulations
Along with rights, as was said above, citizens are vested with duties. In particular, individuals must:
- Comply with the Constitution.
- Pay taxes established in accordance with the law.
- Respect nature.
- Defend the homeland, etc.
Failure to perform duties or evasion of them, as well as abuse of rights entails adverse consequences for citizens. In particular, various measures of influence established by law can be applied to violators. Illegal behavior is regarded as an administrative offense. The consequences may be material or non-material in nature.
Foreign citizens as subjects of administrative law
Their legal status is regulated by domestic law and international treaties. The rules of Russian law apply to all persons within the territory of the Russian Federation. All people, to one degree or another, during their stay in the country enter into interactions with executive bodies in various fields. Foreign citizens as subjects of administrative law are endowed with certain legal opportunities. At the same time, the state ensures their implementation and protection. In accordance with the Constitution, foreigners exercise their rights and fulfill the prescribed requirements on an equal basis with Russian citizens, with the exception of cases provided for in the norms. The following categories of persons are considered separately in the legislation:
- Permanently resident in the country.
- Temporarily arriving.
- Passing through Russia.
The state may provide political asylum to persons arriving from abroad, in accordance with generally accepted international standards. Permanent residents are foreigners with a residence permit and permit. These documents are provided by the VD authorities. Entities that are in the country for other reasons are considered to have arrived temporarily. They have less legal capacity.
Assumptions and Prohibitions
Foreigners and persons without any citizenship have the right to:
- Appeal of decisions / actions of executive power institutions, their employees.
- Personal integrity and freedom.
- Medical care.
- The inviolability of the home.
- Education.
- Free labor and so on.
Moreover, the legislation establishes a number of prohibitions. In particular, foreigners are not allowed to:
- To enter the civil service.
- Carry out activities related to admission to state secrets.
- Enter the country without permission.
- To live and conduct activities without relevant documents.
Foreigners are also not subject to military duty. Only persons arriving from abroad are punished by expulsion. In addition, foreigners may be limited in their freedom of movement and choice of place of residence.
Responsibility
The legislation establishes legal guarantees that ensure the exercise of the rights of foreigners in the country. They provide protection measures for property and other values. The legal guarantees also include the liability of foreigners for violation of the obligations established for them, as well as for abuse of rights. Measures of influence are applied to them on a general basis. The exception is persons with immunity and privileges. In accordance with the principle of sovereignty, the state independently sets the boundaries of responsibility for citizens arriving from abroad.
Conclusion
Above were considered the features that citizens have as subjects of administrative law. Coursework reflected key aspects of the legal status of persons residing in the country. It examined various manifestations of the legal status of citizens, including those who arrived from abroad, state guarantees, the directions of actions of executive bodies to ensure its implementation and protection.