One of the varieties of legal relations is administrative, in which one of the subjects is always the authority or its official. They may arise at the initiative of either side, and the desire of the other is not always mandatory. What is an administrative relationship, what are they composed of, who can be their subject? We will briefly answer these questions.
The concept
Administrative and legal relations - public relations fixed by legal norms that arise and exist in connection with the activities of executive bodies.
Structure
Administrative legal relations consist of content, object and subjects.
The content includes two sides: legal (subjective rights and obligations) and material (behavior of the subjects). The object of legal relations is the act of a person, his volitional behavior.
The subjects are:
- Russian citizens
- bodies of local self-government, state administration (executive power), officials of bodies;
- those who are on the territory of the state - Russia - stateless persons, citizens of other states;
- institutions, enterprises, organizations.
Features
Administrative and legal relations - a variety of legal relations that has all the common features and has its own characteristics. These features include the following:
- one of the parties (without fail) - an official, or a body of state administration, executive power;
- This party shall exercise the authority granted;
- Most disputes are resolved administratively;
- Parties to legal relations are not equal in their status.
Types of administrative relations
They are divided into internal and external. The former arise as a result of the internal activities of government bodies and officials. The second exist in connection with the implementation of management functions. Also distinguish coordination and subordinate administrative and legal relations. The latter are relations based on the authoritarianism of the legal will of the subject of management. In coordination relations, this authoritarianism is absent.
According to the legal nature of interactions, they are divided into vertical and horizontal. The first are power relations, in which the subject of control has a direct controlling effect on another person. In horizontal relations, the parties are legally and practically equal.
Administrative law and relations
Relations are regulated by fixing them in legal norms of various legislative acts. General norms are contained in the Constitution, and the main act in the field of administrative relations is the Administrative Code of the Russian Federation. The norms of administrative law precisely determine between whom legal relations should arise, and what rights and obligations they will have.
Existing rights and interests in administrative relations can be protected in court, but most often the decision is made by one side - the subject of management. Such an entity may refuse the request, give instructions, require explanations, use disciplinary and administrative coercive means.
Unlike civil legal relations, in administrative law, liability does not arise before another entity, but directly by the state.
Administrative and legal relations arise both from legitimate and from unlawful actions. The first may include filing a complaint against the actions of the executive body. The second - the commission by a person of an administrative offense.