Administrative and legal relations are an area that is interesting in that it involves a wide range of entities engaged in activity. Participants in the corresponding type of communication can be citizens, organizations, state and municipal authorities. Consider how the interaction between them is carried out in the vision of Russian lawyers.
Administrative and legal relations: subjects
According to the interpretation prevailing among Russian lawyers, the subject of administrative and legal relations can be considered a communications participant operating at the level of the executive power of a state, region or municipality, usually associated with political management. Typically, the subjects of the relevant relations are directly the institutions of power, structures and officials whose status is officially fixed in federal, regional or municipal laws. A variant is possible in which such will be not only the executive bodies, but also the courts, public associations and even individuals. There are individual subjects of administrative-legal relations, and there are collective ones (below we will consider these and other criteria for their classification).
The status, implying "subjectivity" in the aspect of the type of legal relationship under consideration, according to lawyers, can be understood as a permanent or periodic phenomenon. Some experts believe that it is more legitimate to characterize it by the first sign. Since, for example, a certain official has managerial powers not only at the time of active interaction with other subjects of legal relations, but also throughout the entire period of his official activity. There is another point of view. According to her, the authority or official becomes the subject of legal relations only in the event of the beginning of interaction with other participants in communications.
Thus, the key subjects of administrative-legal relations, according to a common interpretation, are government bodies, government institutions or organizations, and in some cases individuals, who are vested with rights and obligations as part of the exercise of powers determined by the specifics of the corresponding branch of law. What are the criteria for fixing the status of the activities in question that experts highlight? On what grounds can determine the administrative-legal relations? Consider them.
Terms of the emergence of administrative relations
Administrative and legal relations, subjects of legal relations arise under the following set of conditions. This list is not exhaustive, but it represents a basic range of factors, the relevance of which is recorded among modern Russian lawyers. Firstly, administrative and legal norms must be in effect , prescribing the relevant rules of behavior and obligations to the subjects of legal relations. Secondly, it is assumed that the parties to the relationship have recognized legal capacity. Thirdly, there must be grounds for the emergence of an appropriate type of interaction between subjects.
Classification of subjects of legal relations
The subjects of administrative legal relations, according to Russian lawyers, can be classified into several groups. Which ones? The subjects of administrative legal relations are divided into two main categories, according to the classification common among Russian lawyers. This is a group of subjects that is represented by individual players in the process, as well as one that includes collective participants. The first include: citizens of the Russian Federation, foreigners, as well as stateless persons. To the second: authorities, state and municipal governments, state corporations, as well as public associations and labor collectives. The subjects of administrative-legal relations are, despite the narrowness of the corresponding direction of regulatory regulation, the most diverse types of participants in public communications. Of course, if we take the point of view widespread among Russian lawyers as a basis.
Classification of legal relations
Having examined what are the subjects of administrative-legal relations, we can study the classification of the corresponding type of activity. Modern Russian lawyers distinguish the following criteria. The main administrative and legal relations are:
- with the participation of subordinate structures (as a rule, this applies to power institutions);
- when subjects interact at the same level;
- between government institutions and organizations (institutions, associations);
- between state and municipal authorities;
- between the authorities and citizens;
- in the interaction of individuals and organizations;
- between municipal authorities, citizens and organizations.
Some experts believe that it is advisable to classify the legal relations in question also from the point of view of the specifics of the state system. Concerning Russia, in this way, the following types of activity can be distinguished:
- between federal and regional authorities (as a rule, in the aspect of interaction between the executive branch);
- with the participation of political management institutions of different subjects of the Russian Federation at the same level;
- between regional bodies and local administrative-territorial structures.
There are several more criteria on the basis of which administrative-legal relations are classified. Examples: the purpose of the emergence of relevant relations, the nature of legal facts, content. Consider the features of each of them.
If we take as a basis the goal of the relations in question, they can be divided, according to modern Russian lawyers, into internal and external. The first include activities based on the interaction of officials and structural units within individual departments. To the second - those relations that are formed in the process of communication between subjects of different types. For example, between a certain authority and citizens.
Regarding the characteristics of legal facts, participants in administrative-legal relations can interact with each other, taking into account the legitimacy of certain acts or their absence. Another criterion for the classification of the considered activities, which we noted above, is the content of the relationship. Here, lawyers subdivide them into material and procedural. The first include communications regulated by the provisions of sources of material law . In the framework of the second side, the administrative-legal relations interact within the limits of procedural norms.
Administrative relations: procedural aspect
Consider this aspect of the interaction of communication participants. What are the subjects of administrative-procedural relations? The fact is that their spectrum is very wide. First of all, because the relevant sphere of legal regulation covers a large number of public and state institutions and activities of citizens. The subjects of administrative-procedural relations are, according to the concept common to Russian lawyers, citizens, persons without citizenship in relation to any state, labor and public organizations, as well as, in fact, structures that, by virtue of their powers, play a key role in administrative processes . A significant role in this area is played by the courts.
With regard to the procedural aspect, the subjects of administrative relations on the part of the SBS (civil law specializations in universities and research institutions) are understood as a combination of three types of communication participants. Firstly, these are entities that have exclusive powers in the aspect of political power - the president, the government and other supreme executive bodies. Secondly, this is a group of participants in relation to which management is carried out - citizens, businesses, non-profit organizations. Thirdly, these are entities that occupy an intermediate position: at the same time they can be carriers of power, as well as be accountable to higher political structures. These are, in fact, regional and municipal bodies and officials.
Administrative and legal relations: occurrence, course, termination
It will be useful to study such an aspect as the occurrence of activities of the type in question, their course, change and termination. In legal theory, the generally accepted is the setting according to which any type of legal relationship arises due to the appearance of legal facts. We noted above that their essence can be a criterion for classifying the corresponding interaction of subjects. Now consider what is the legal facts, in more detail.
In modern science, their essence is defined as follows. Legal facts are circumstances that, due to the action of current legal norms, establish, amend or terminate legal relations. There are two main types: those that reflect the appearance of certain material moments, and those that record the fact that the corresponding phenomena are provided in the sources of jurisprudence as a basis for legal consequences. We study the most remarkable characteristics of legal facts.
Legal facts as the basis for the emergence of legal relations
To begin with, it is worth noting that the nature of the relevant facts lies mainly in the social plane. That is, they appear due to some life circumstances. The next stage of their formation is correlation with current legal norms. The facts in question are usually divided into two types - these are actions and events.
The former include activities that have arisen as a result of the subjective will of the direct participants in the legal relationship. Their essence may be legitimate or may not have such a property. Legal facts of the first type include, for example, the publication by an authority of a certain order, decree, or other source of norms, which makes it possible to manage a certain process within the limits of entrusted authority. Or the fulfillment by a political institute of the action prescribed by law. In turn, the unlawful actions of the subjects are those that violate the relevant requirements and conditions that are set forth in the current standards.
Events are, in turn, legal facts that do not depend on the will of the subjects of legal relations. This may be, for example, the effect of certain external factors of a market nature. Or obligations arising as a result of any deadlines - for example, the need to replace a passport in connection with reaching a certain age. For this reason, a citizen has an obligation to enter into administrative and legal relations with the migration service and draw up a new identity document.
The subjects of administrative relations after the identification of legal facts may acquire certain rights or obligations. Their subsequent actions may come under some responsibility. At what specific point do administrative relations arise? The examples here can be very different. Consider very simple. Suppose a certain citizen turns to the city hall to complain about the poor quality of asphalt pavement in the courtyard of his house - in writing. He thereby commits an action forming a legal fact. In accordance with the provisions of an administrative-legal nature, the City Hall accepts the application for consideration. And from that moment, the corresponding relationship, in fact, begins.
The content of administrative legal relations
The subjects of administrative relations interact within two basic areas - material and legal. Regarding the first, communications take into account the essence of the behavior of the parties. During the second, the subjects of administrative-legal relations interact based on the presence of certain legally defined rights or obligations.
Thus, from the point of view of content, the activities in question represent a constant interconnection of the rights and obligations of subjects. If a party to the relationship has the power, then the other becomes obligated. In turn, the administrative law contains wording that assumes responsibility for non-compliance with the relevant requirements by the participants in the interaction. Before whom can it arise?
In civil law there is a responsibility, first of all, of one subject of legal relations to another. The administrative situation is somewhat different. The fact is that responsibility here arises, as a rule, before the state, its bodies or officials, whose functions and powers are defined in relevant legal acts. We noted above that the subjects of administrative-legal relations are, first of all, structures that perform the functions of political management. Thus, executive authorities can influence participants in communications that violate the requirements provided by sources of law through disciplinary or administrative penalties. In turn, these institutions are responsible for the correctness of the actions taken by higher political structures, for example, the Russian government.
Administrative and legal relations: objects
Let us now consider how the objects of administrative-legal relations are determined. In modern legal science, there are a variety of criteria to distinguish and classify their essence. According to one concept, objects of administrative-legal relations cannot be singled out in multiplicity. Why? The fact is that there cannot be several of them: there is only one object of the corresponding legal relations, and this is human behavior dictated by his will. Which, in turn, may be the result of certain obligations or the desire to take any action - within the framework of a legitimate or not provided for by the current regulatory source undertaking.
According to another point of view, the objects of administrative-legal relations are not the actions of people, but some material or other benefits - values, property that can satisfy the current interests of the subjects of the respective activities. The key criterion here is that they should all be provided by sources of administrative law. However, the nature of the objects of legal relations in question can be very different.
An interesting fact is that this theory is somewhat supported at the legislative level. There is, in particular, Government Decision No. 872 adopted on December 15, 2007. It directly lists the objects of administrative-legal relations - those that are relevant for interaction between federal authorities and some types of state enterprises. For example, this is the property of the organization, its products, income and revenue.
Protection of interests in the framework of administrative relations
Studying administrative and legal relations, subjects of legal relations, it will be useful to pay special attention to such an aspect as the mechanism for protecting the interests established for the parties to the relevant communications. The option is widespread in which the subjects of interaction protect their rights in court.
But it is not the only one possible. Moreover, as some lawyers have noted, the bulk of disputes are still resolved by administrative methods. The determination of the party that is entitled to certain preferences is carried out by the subject of relations, whose powers are reflected in the wording of the relevant regulatory act. It can be, for example, an authority. In addition, subjects of legal relations that have certain powers can apply measures of influence in relation to other participants in communications. For example, requirements on the need to provide any additional documents, to perform such actions.