The concept of “official” people hear constantly, but few people know its meaning. Many only know that these entities occupy high posts. What is an official, what are his duties and rights, is recorded in the Code of Administrative Offenses.
The meaning of the concept
Russian citizens who exercise the functions of representatives of power are called officials. Such a status may be assigned to a person if he occupies a leading position in a political party, in an organization, in a public institution, etc.
The law discloses four options for determining what an official is. According to the norms of the Administrative Code, this is a subject considering cases of offenses. According to the provisions of the Criminal Code, this is a person investigating crimes. In the Civil Code, power subjects are subjects of civil legal relations. In other acts, this group includes representatives of state-level authorities.
Disclosure of the concept in the Administrative Code of the Russian Federation
In article 2.4. Code provides a detailed definition of what an official. He is a citizen endowed with certain powers of an authoritative nature within the limits established by legal norms. In this case, the influence of the subject extends to people who are not dependent on him according to his official position.
In most cases, the list of functions of entities includes administrative and organizational and administrative work. These persons exercise the powers granted to them in the following areas:
- local government;
- Armed forces of the country;
- municipal and state organizations.
The responsibility of these entities for violations of their duties and powers is established by the relevant articles of the Code.
Content of public duties
The separation of functions between power entities is carried out according to several criteria. One of the criteria is the content of public duties. Entities endowed with administrative-administrative or organizational-administrative powers on the basis of a direct instruction, implement them within the limits established by regulatory enactments, orders or orders of the management.
Power entities perform these actions only during the period of performance of state official duties, or until the expiration of the period specified in the normative act or order.
Administrative public duties are performed by municipal and state employees. Its powers extend to other employees subordinate to this entity and to persons who do not have official dependence on the official.
These citizens make decisions binding upon organizations and citizens of any form of ownership and subordination of a departmental type. At the local level, these powers are exercised only within the framework of executive and administrative non-state municipal bodies.
Types of Durations
In the field of work of legal entities, the current legal norms establish three types of periods of performance of official duties in commercial or non-commercial organizations by authorized persons:
- Constant.
- Temporary.
- The period of performance of duties by special order.
The content of the management functions of these persons coincides with the scope of authority established for employees of municipal and state bodies.
Official status
For a full definition of what an official is, it is necessary to determine the status of this subject. It is governed by the assigned powers of law. The status of a citizen does not depend on the implementation of the assigned duties in an objective sense.
An official has the right to exercise his rights or to refrain from this. But it is not entitled to refuse to fulfill obligations during the period of work. Therefore, in this area, the ratio of dispositive and imperative principles is equal.
An official may combine in his work public and private law activities within the scope of the authority. Such a union takes place only in the administrative sphere. In other areas, power entities carry out only one type of activity. For example, in the field of criminal law, only powers of a public type can be exercised.
Features of the work of an official in the field of administrative law
The Code of Administrative Offenses sets forth the scope of actions of an official and the types of responsibility for their improper execution by legal entities and other entities. Most of the penalties are imposed on citizens for the improper performance of powers or refusal to exercise them.
Responsibility for these persons may be imposed in administrative and other areas. Often a citizen is sentenced to criminal law. The Criminal Code of the Russian Federation defines such entities as citizens who permanently or temporarily exercise the functions of government representatives. These standards are enshrined in the thirtieth chapter of the Code.
In administrative law, the definition of what an official of an organization or state body is wider and more extensive. According to the norms of the Code of Administrative Offenses of the Russian Federation, the subject of responsibility is the person who committed the offense in the field of the powers vested in him. Sanctions are applied to bosses, representatives of the management team and other government employees who exercise administrative, economic and administrative functions.
Differences between officials and ordinary citizens
In determining the concept of what an official of an organization or state body is, it is important to consider the differences between these entities from ordinary citizens. According to the provisions of the Code of Administrative Offenses, power entities are citizens who work in government bodies and carry out administrative and administrative functions.
This group also includes individuals who carry out activities in the field of entrepreneurship - individual entrepreneurs. Currently, the responsibility of these entities belongs to the group of legal entities, despite attempts to separate them into a separate category due to the fact that IP offenses rely on the affairs of organizations. They have different motives, offenses, the nature of actions, etc.
Officials offenses
More than two quarters of the special part in the Administrative Code are offenses committed by authorities. Most of the articles are devoted to organizational, economic and entrepreneurial activities of citizens.
Offenses covered by the Code are committed in the following areas:
- encroachment on the rights of citizens (fifth chapter, fifty articles);
- property protection (seventh chapter, twenty-nine articles);
- nature management, ecology and environmental protection (eighth chapter, thirty-eight articles);
- land reclamation, agriculture and veterinary medicine (tenth chapter, fourteen articles);
- information and communication (thirteenth chapter, twenty-three articles);
- construction, energy and industry (ninth chapter, fourteen articles);
- taxes and finance, the activities of individual entrepreneurs (fourteenth and fifteenth chapters, fifty-nine articles);
- customs area (sixteenth chapter, twenty-one articles);
- encroachment on state authorities (seventeenth chapter, ten articles);
- military type accounting (twenty-first chapter, four articles);
- management order (nineteenth chapter, nineteen articles).
Thus, sanctions against these persons are applied in different areas of life of citizens and the state.
Types of Sanctions for Offenses
According to the norms of the Administrative Code, officials are responsible for the violations committed of the same types as other entities. In relation to these, the following types of sanctions are most often applied:
- Administrative penalty.
Disqualification - deprivation of the ability to hire a specific position for a period established by the court.
The identification of an administrative offense also entails disciplinary liability in the form of dismissal (in rare cases, reprimand).
The size and terms of sentences depend on the severity of the act and the presence of mitigating (aggravating) circumstances.
Rules for identifying officials
It is not always easy to determine what government officials are and who is in this group. Often during employment, citizens do not understand whether they are ordinary employees or responsible persons.
The basic rule to answer this question is to study the obligations and rights of the employee recorded in the organization’s documents. For example, if an employee signs a liability agreement, he acquires the status of an official. The situation is similar if the employee has documented powers of an administrative nature for the issue and acceptance of goods.
When an employee acquires the status of an official, a great responsibility is assigned to him. In this case, administrative sanctions may be applied to the employee for violations committed by the organization.
Officers: rights and obligations
Many do not think about what the rights of an official are, as the more important issue is the definition of their authority. These entities have the right to exercise any rights enshrined in the norms of law and contracts, as part of the performance of duties.
The main duty of these persons in the system of public authorities is the fight against lawlessness and the protection of citizens and society from violations by other entities. The main duty of workers in this area is to ensure the principles of good faith, expediency, legality and justice when bringing offenders of the established order to administrative responsibility.
To achieve this, the list of subjects of power is first determined, then the distribution of powers between them takes place.
For example, the duties of administrative officials as part of one of about sixty oversight bodies are to consider cases of offenses in this area. There are about four hundred offenses in this area.
For example, the department of internal affairs is investigating about fifty types of violations, which include law enforcement, the sphere of traffic on the roads and so on. In the internal affairs bodies, the group of these persons includes heads, deputy heads. When violations are identified, it is these entities that are engaged in their investigation.
Subject Tasks
Government officials face many challenges. They are divided by bodies that exercise certain powers, as well as by areas of activity. Most of the protective functions in the field of prevention and prevention of offenses are carried out by the internal affairs bodies.
ATS officers consider the following types of cases:
- violation of the order of stay in the area of the state border;
- hooliganism of a small type;
- drinking alcoholic beverages;
- the appearance on the public territory while intoxicated and drinking alcohol in the wrong places;
- road safety violation.
In addition to the tasks considered, many others are placed before the authorities.
Types of Administration
The list of powers of officials depends on what type of bodies it belongs to. The separation of subjects occurs not only in the field of offenses, but also in their gravity.
The grouping of organs is as follows:
- Tax and customs authorities, border services, military commissariats.
- Executive authorities.
- ATS.
- Commission on the affairs of minors.
- World, district, regional judges.
The powers and duties of these persons are clearly regulated by various acts. For any violations, these entities are responsible in all severity.