What, after all, is an administrative legal relationship? These are social relations that arise only in the process of implementing the norms of a specific law, that is, administrative.
Elements of legal relations, as well as their signs are different. The latter include:
- the course in the field of state. management;
-the subject of them must be endowed with state authority, having administrative and executive character;
- the actions of the entities indicated above are legal and imperious;
- administrative disputes reach the court only in individual cases, however, a decision made in this order in court can be appealed in any circumstances;
- a party that violated the norms of administrative law is liable to no one, namely the state.
Administrative legal relations have their own structure. Elements are objects and, of course, subjects. Elements also include content in which the legal and material aspects are distinguished. It is worth noting that the subjects are participants, the object of the offense and the legal relationship are a definite benefit. Man himself cannot be an object.
The immediate object of administrative legal relations is the act of a person or his behavior, since it is through action that people influence the world around.
The subject is a person who is endowed with certain duties and rights. He must be capable.
Subjects are sometimes divided into two groups. The first includes organizations, the second - citizens. Some lawyers consider this division unsuccessful, since the circle of participants in legal relations is inaccurate.
The concept of “citizen” is associated with a group of subjective duties and rights. The social status of a particular person has nothing to do with it. Note that some rights belong to us initially, and some we acquire ourselves. Both are important.
Organizations are structural divisions and their labor collectives. It is not necessary to identify collective entities and legal entities, as there are plenty of differences between them.
There are frequent cases when lawyers try to identify the concepts of “legal entity” and “collective subject”. Just note that there are plenty of differences between these concepts. The first is much wider than the second, since, of course, it covers more subjects.
Administrative legal relations may also have such a subject as an official. The situation is specific in that it independently makes decisions as a citizen, however, it acts in the interests and on behalf of an organization.
Administrative legal relations have characteristic features. Here they are:
- The sphere in which they are formed is rather specific. It is directly about the sphere of public administration. It is important to note that they can arise not only in connection with this administration, but also in connection with it. The point is that they exist already when the control action is absent, but there is a certain preparation for it, that is, norms of law are sought, documents are collected, and so on;
- the presence of a mandatory entity in this case is mandatory. The thing is that without an entity that is endowed with state-power powers, there can be no talk of any administrative legal relations;
- the above entity is required to act legally imperiously;
- The initiative can come from only one side. Whether the second party agrees or not, it does not matter at all.
The Civil Code says that administrative disputes are resolved without transferring the case to court, however, any decision made in this way can still be appealed to the court. Denial of any appeal is impossible.