The concept and system of subjects of administrative law are interrelated definitions, because one ultimately follows from the other. Under the subject understand the person or organization, which can act as a participant in all managerial public relations.
The main components of the system
The concept, types and system of subjects of administrative law are civil and collective persons.
If a citizen acts as a subject, then a prerequisite for him to become one is legal capacity. Thus, he must have all rights and obligations that are administrative in nature.
In order to familiarize yourself in detail with all the concepts that should be inherent in a potential subject, it is necessary to arm yourself with the Constitution of the Russian Federation and regulations, where everything is described in detail.
But the main point in this list should be respected in any case. It is a statement that a citizen should participate in government. That is, a person can represent the executive branch or be an official.
Legal capacity
Legal capacity is the ability of a person, confirmed by law, to constantly exercise, acquire rights and fulfill certain duties. Rights and obligations should be directly related to administrative law.
It is still unknown when the concept of legal capacity appeared. But one thing is clear: that, for example, citizens from the age of 16 already take responsibility for any administrative violations. Such responsibility comes in full force from the age of 18, from this period a person can already fulfill all his duties in relation to the state.
Legal capacity and competence are close concepts, but the problem is that the second concept is similar only at that moment with the first, when a citizen becomes an adult.
Executive as a subject
With regard to administrative law, citizens play the role of a party that must comply with all requirements directed to it. Such responsibilities exude the executive branch and all bodies representing it.
If necessary, a citizen may appeal to such bodies with any weighty complaint. Such rights are vested in him by the Constitution of the Russian Federation, which has the highest legal authority throughout the state.
The concept and system of subjects of administrative law echo that the executive branch can also be a part of them. It performs an important function, the essence of which is the implementation of government. This branch of government has independence from others, that is, it is independent. The role of such a unit is that it monitors the implementation of all legal norms that it can itself create with the approval of the legislative branch. In cases where this is provided, the government of the Russian Federation, as the main representative, has the right to impose punishments on those who neglect the laws.
Competence
Based on the general characteristics of the system of subjects of administrative law, it is fair to say that each representative has his own competence.
The bodies of general competence carry out the function of monitoring the activities of various industries in order to create economic and social development throughout the subject territory.
Sectoral competence bodies are working to be guided by the activities of existing subordinate industries.
Bodies of intersectoral competence have many functions that apply to all sectors and spheres. It is important that they cannot be changed depending on where they are implemented.
Local government
The system of subjects of administrative law includes local authorities. This body solves problems that are of particular importance to local residents. He also manages the existing budget, property. Here the activities are carried out by authorized persons who are municipal employees. All the basic rules that cover this unit are created on the basis of federal laws and the charter of the municipality. The activity is formed only due to these decisions. Thus, the local government performs the tasks and functions that it is ordered to perform. In the types and system of subjects of administrative law, such representation plays an important role.
Employees
The civil service is the compliance with all the norms and requirements that cover the part where the employee performs his duties in various government organizations.
The concept and system of subjects of administrative law also includes public servants. They are a citizen of the Russian Federation who fulfills all his duties and receives a monetary reward for this. In their activities, they are guided by the Labor Code, as well as Federal laws and related regulations.
Citizens who may eventually become public servants:
- Speakers of the native language, as well as those who have received an education corresponding to the chosen profession. Also, those that can meet all the norms and requirements that normalize the activities of employees.
- Recognized as competent. That is, people with incomplete legal capacity, as well as those who have a ban from the court to engage in such activities, cannot be appointed to the post.
- Not having various diseases that interfere with full work.
- Citizens of a country with foreign citizenship cannot be a civil servant.
- Who has relatives or close friends in this field. That is, a potential employee cannot be subordinate to a friend, as this will affect the activity.
Employee bans
A civil servant cannot:
- engage in various fields of other activities. The only areas that are accessible to him are pedagogy, science and creativity. But they are considered more leisure activities than additional work;
- be one of the deputies in the law;
- apply state property for their own purposes;
- to have some kind of incentives in the form of material benefits from any individuals and legal entities.
Priority in the field of the concept and system of subjects of administrative law is given to persons who are representatives of the administrative authority, that is, they have the right to demand the execution of certain decrees or act in order for the employee to fulfill this requirement. It is important that such workers may not be officially subordinate to such authority, but in any case, they must comply with significant orders.