Administrative jurisdiction

Jurisdiction is the terms of reference of a special body to assess certain facts, resolve disputes and apply sanctions provided for at the legislative level. The main source in the field of public administration is a specific dispute that arises between the parties. These parties (subjects of administrative jurisdiction) require the settlement of the conflict through administrative law. These disputes arise only in cases when one side creates an idea that its interests and rights are violated. Usually, in this case, the initiative comes from a party that is under the influence of authority.

Administrative jurisdiction provides for appropriate proceedings. The basis for its beginning is the appeal of the parties to the relationship to the authorized body. Administrative legal disputes are based on individual cases, which are considered in court.

Administrative jurisdiction is an activity established by legislative provisions. This activity is carried out by authorized bodies and their officials. Administrative jurisdiction provides for the resolution of individual administrative cases and the application of appropriate sanctions.

Legislative norms form the framework of this activity. The administrative and procedural provisions, in addition, serve law enforcement purposes, ensuring a stable order in the areas of public administration, and protecting public relations of an administrative-legal nature. Thus, the activities of this industry include not only protection, but also the implementation of legal norms.

Administrative jurisdiction has the exclusive right, expressed in the functions of executive bodies, whose activities are carried out not so much in the judicial as in the administrative framework.

In a holistic examination of the subject, it is necessary to take into account the unequal distribution of full authority. So, not all executive bodies are absolutely authorized to conduct administrative and jurisdictional activities. As a rule, their functions are related to the exercise of disciplinary authority and the resolution of civil complaints. In this case, the powers to resolve cases of administrative offenses, the application of influence are not assigned to all entities that have their own administrative-jurisdictional right or jurisdiction.

The subject of the powers considered is a set of social relations that develop in the course of resolving conflicts.

The method inherent in administrative jurisdiction is determined in accordance with its subject. Moreover, the subject characterizes directly arising relationships. The method characterizes in this industry the volitional side inherent in regulatory properties.

The administrative jurisdiction method has some characteristics. In particular, these signs include:

  1. Legal status of participants.
  2. The facts that triggered the dispute.
  3. The nature of duties and rights.
  4. Protection of the rights of participants - subjects of conflict.

The method is based on the analysis and study of the main laws and properties of the state’s activity under consideration, which are forming within its framework of public relations, legal norms that ensure regulation of these relations.

The administrative and legal method is endowed with a number of features. Conflicts that arise are resolved in the appropriate order. In this case, administrative rules apply. In addition, the resolution of the situation may be carried out by the participant himself, a superior person. In an extreme case, administrative disputes are resolved in court.

Source: https://habr.com/ru/post/E26444/


All Articles