Ideal states do not exist. In each country, disputes may arise between administrative authorities and citizens or organizations related to violation of the exercise of civil rights of the latter. Such cases are complicated by the fact that the court, as a rule, is inclined to trust the state governing body, and citizens have to back up every word with evidence. The article describes the nature of administrative disputes and the procedure for their consideration.
Term
Administrative legal disputes represent a legal conflict or conflict between one side - the government body, and the other side - other legal entities, in connection with the violation of the subjective civil rights of an individual or legal entity in the process of administrative rule-making.
The administrative nature of the dispute lies in the fact that it arises on the basis of administrative legal relations. Because there is a subject who is endowed with power.
As a rule, an administrative legal dispute arises on the initiative of individuals or legal entities, since they believe that the managing party violates their legitimate interests.
It follows from this that the following features are characteristic of an administrative conflict:
- mandatory presence of an administrative-public authority as a subject;
- the cause of the dispute is the action or inaction on the part of the state authority, the question of the legality of the issued legal acts.
Administrative matters are regulated in accordance with the Code of Administrative Offenses of the Russian Federation and other regulatory documents within the framework of administrative law.
Kinds
Based on article 4 of the CAS RF (Code of Administrative Procedure), four main types of conflict in administrative legal relations are distinguished:
- Protestation of administrative acts.
- Appeal against an action, inaction, decision by a state body.
- Protection of citizens' suffrage and the right to participate in referenda.
- Applying for compensation for non-compliance with the right to a trial within a reasonable time.
Dispute
The grounds for an administrative dispute are:
- violation of the right of the person in respect of whom the decision is valid by the authority;
- non-compliance with the current legislation of the decision or action taken;
- the procedure for making a decision or action directly violates the procedure established by law.
Process participants
According to the norms of the law, the parties to the administrative case are:
- claimant - one whose rights have been violated;
- defendant - in his favor, the plaintiff claims the statement of claim;
- interested parties - participants in the trial, the rights and interests of which may be affected during the consideration of an administrative dispute;
- other participants in the case - witnesses, specialists, experts, a translator, a representative of one of the parties, as well as a secretary.
According to the CAS RF, as amended, only a qualified specialist with a legal education can act as a representative of one of the parties.
The procedure for the consideration of administrative disputes
A statement of claim or a statement requesting the issuance of a court order, where the plaintiff or the recoverer sets out the basic requirements for the public authority, is the basis for initiating an administrative case.
Within five days, the judge will have to consider the application and make an appropriate decision, accepting the complaint or refusing to accept it. If the judge has accepted the application, he will issue a ruling for the preparation of the trial, where he will indicate the actions that each participant in the case should take.
After consideration of the case, a complaint against an administrative body from an individual or legal entity can be satisfied, but on the other hand, the court can consider the actions of the official legal.
Judgment
If the essence of the claims of the injured party is to recover monetary compensation for the damage that they suffered as a result of the actions / omissions of the administrative authority, then a trial may not be necessary for this.
Upon receiving the relevant application, the justice of the peace will examine it individually within a five-day period, at the end of which he will hand out a writ of execution to the applicant or refuse to satisfy the complaint.
In cases where the claim of the applicant does not concern the recovery of compensation and the imposition of sanctions, the resolution of the administrative dispute takes place on the basis of a general procedure in an arbitration court or body of general jurisdiction.
Statement of claim
An administrative dispute in court can be considered only if the claim contains sufficient grounds for considering the case. The statement of claim may contain the following claims:
- recognition of the invalidity of the current normative act;
- complaint about action, inaction, decision of the local government;
- imposing an obligation on a government agency;
- abstinence from the execution of an action or decision of a management body;
- resolution of the issue of authority to perform actions / inaction of an official.
The applicant may appeal to the court for other reasons, but they must be lawful and justified in order to initiate an administrative case.
The statement of claim in its form and content must comply with the requirements of the Civil Procedure Code of the Russian Federation. Before filing a lawsuit, in accordance with the law, the procedure for claim settlement of the conflict must go through.
A sample statement of claim to an administrative court is presented below.
Jurisdiction
The consideration of administrative disputes is possible in courts of general jurisdiction, with a justice of the peace, in arbitration courts and the Supreme Court of the Russian Federation.
The Armed Forces of the Russian Federation is the highest authority in the judicial system for the resolution of administrative cases. A complaint is filed only if all other methods of domestic defense have been exhausted.
Administrative arbitration disputes arise if the other party is a legal entity or organization. Then the statement of claim should be sent to the arbitration court.
The justice of the peace resolves the conflict unilaterally. If the plaintiff wants to recover monetary compensation from the defendant or impose sanctions on him, then the justice of the peace can issue a corresponding court order within five days.
Procedural deadlines
The amount of time for consideration of an administrative case in courts of general jurisdiction is two months, for the Supreme Court of the Russian Federation - three months.
If the case has a large number of participants, several requirements are stated, there is a large amount of evidence to be investigated, as well as circumstances that need to be clarified, the terms of the administrative dispute may increase.
At the end of the consideration of the case, the court makes a reasoned decision, which can be appealed within a 30-day period to the regional or Supreme court. After the expiration of the term, the decision enters into legal force, and its review is possible only in the courts of cassation or within the framework of supervision.
Administrative disputes arise between an official, local government, another state body, on the one hand, and an individual or legal entity, organization, individual entrepreneur, on the other. Consideration of cases takes place in the world, general jurisdiction, arbitration courts, as well as in the Supreme Court of Russia.
The lawsuit must contain the essence of the claim against the authority and the decision that the plaintiff asks to satisfy as part of the observance of his legal rights.
In an administrative case, the court makes a reasoned decision, which takes effect after the expiration of a thirty-day period. During this period, the decision can be appealed to a higher authority.
Authorities are required to comply with the interests of citizens. In case of violation of the legal rights of an individual or legal entity, it is necessary to collect enough evidence and send a statement of claim to the court with a complaint to the state body. Only in this way can local governments be replaced, because they are the servants of the people, and their main duty is to observe the rights and interests of their citizens.