As a subject of administrative law , a participant in public relations is recognized, who is vested with duties and rights in accordance with legal norms. It is distinguished by two features: social and legal. The first involves participation in public legal relations as an independent personified entity. He has the ability to develop and realize the will.
A legal sign indicates the possibility of being a carrier of duties and rights and participating in legal relations. These participants are referred to as individual actors who can create organized groups. People united in them will be called collective participants in legal relations. Further in the article, we consider their features.
Definition
Collective subjects of administrative law are self-governing, organized, separate groups with the right to enter into legal relations with other participants in the turnover as personified persons.
Usually people are united by some common interest, goal. The collective subject of administrative law acts legally, it is differentiated and has its own management mechanisms. He participates in legal relations on his own behalf, is vested with certain duties and rights. At the same time, in its structure, individual people (its members) are depersonalized. Consequently, no changes in personnel can affect its name, legal status, legal personality.
Classification
All collective subjects of administrative law, depending on the level of their organizational independence, features of the legal situation in a complex system, the goals of their creation are divided into:
- Organization.
- Structural units.
- Labor collectives. Participants in legal relations are employees of not only enterprises, but also their units.
- Complex organizations.
These groups are very diverse in composition. At the same time, there are not so many complex organizations, but in the first group of entities there are a huge number.
The classification of collective subjects of administrative law can be carried out according to other criteria. Quite often used separation of ownership and belonging to a particular system of legal relations. So, there are public and religious associations, state formations. Recently, the number of foreign, joint-stock and other enterprises has increased.
State organizations
Their number was constantly increasing under the conditions of a command-bureaucratic regime. After perestroika, the situation has changed somewhat. The reform of the administrative system has led to the creation of conditions for the formation of non-profit enterprises, the transformation of state institutions into public, joint-stock companies, and the liquidation of a large number of executive and administrative structures.
Each state organization as a collective subject of administrative law can be considered part of the state mechanism, which has legal and organizational independence, but operates under the guidance of a higher state structure.
Other important features of such an association should include economic support and financing from state property, normative regulation of work and structure, the ability to use legal coercion.
The state organization is a collective subject of administrative law, implementing not its own, but the state one. Depending on the purpose of the activity and legal status, such associations are divided into state bodies, institutions, enterprises and other organizations (for example, military units).
Features of legal regulation
Even with a superficial analysis of all categories of collective subjects of administrative law, one can note their great diversity in terms of their social role, sizes, forms of ownership, and other attributes. Reflecting this diversity, the current standards reinforce the legal inequality of the participants in the turnover, providing them with various rights. This provision is expressed in different ways of legalizing associations of citizens, in their types, size of subordination or lack thereof, scope of authority and other aspects of their status. In this regard, it is not possible to disclose the content of the legal personality of all existing collective entities. There are no norms that in general form determine their administrative status.
The collective subjects of administrative law have been studied by various scholars for quite a long time. Nevertheless, the features of their legal personality have not been sufficiently studied. However, many experts make one gross mistake in the analysis. Giving a general characteristic of the collective subjects of administrative law, determining the features of their legal personality, the authors use the approaches used in civil law. In other words, an assessment is given of the abstract premise of ownership and fulfillment of duties.
In other legal sectors, legal personality is recognized as equal, a common property only for the initial components. For other elements, it reflects differences in the legal status of subjects.
The content of the status of participants in administrative legal relations
Alekhine tried (and very successfully) to identify key elements of the legal status of the subjects. In his opinion, the content of the status is formed:
- Legal consolidation of goals, functions, tasks, subject of activity of state, public organizations and associations.
- Subordination.
- The presence of administrative duties and rights.
- Responsibility
- The establishment of the legal regime of management.
- The presence of administrative and legal guarantees for the exercise of rights and fulfillment of duties.
Features of legal entities
A legal entity acquires duties and rights (both civil and administrative) through its management structures. These bodies act on the basis of the law, other regulations and constituent documents. It is they who establish the procedure for the formation (election, appointment) of authorized structures of a legal entity.
The legal entities may be organizations whose activities are aimed at making profit as the main goal of their work. In this case, they are referred to as commercial business enterprises. Other organizations do not operate for profit. They do not distribute income among participants. Their activities are regulated by the provisions of the Federal Law "On Non-Profit Organizations".
Types of Associations
Commercial organizations are created in the form of business companies and partnerships, unitary enterprises (state and municipal), production cooperatives. The law allows the unification of certain types of such entities into unions and associations. According to the Federal Law "On Non-Profit Organizations", consumer cooperatives, charitable foundations, religious organizations, etc. are recognized as acceptable forms of such legal entities.
Commercial companies
They are considered the main objects of managerial legal relations. This is due to the fact that they produce the bulk of GDP. A significant number of normative acts are aimed at regulating the activities of enterprises. Private entrepreneurs are also objects of administrative law. However, their number in comparison with commercial organizations is insignificant.
The legal form of commercial companies is not significant in the characterization of the administrative situation. The exception can be called only unitary state-owned enterprises. They are commercial organizations that do not have ownership of the property assigned to them. Manages such enterprises directly by the state. They are considered the basis of the country's economic sector.
The property of any unitary enterprise is owned by the state or municipality. The organization itself owns it by the right of households. conducting or operational management.
Executive structures of legal entities
A collegial management body (directorate, board, executive committee) or a sole leader is formed in organizations. He carries out internal management, directs the work of the labor collective, is responsible for socio-cultural events, production and business operations. He is entrusted with the authority to dispose of property and money. In external relations, the executive body represents the company without a power of attorney.
Enterprises and institutions
They are considered varieties of organizations. Enterprises and institutions implement socio-cultural, economic, other functions. The purpose of their activity is to satisfy the spiritual, material and other needs of the state, society and individual citizens.
An enterprise is an economic organization created for the production of products, the provision of services, the performance of work to meet public needs and profit. They can be:
- State.
- Municipal.
- Owned by public associations, foreign countries, citizens, legal entities.
- Having a mixed form of ownership.
- General federal (unitary, state, incl.).
- Controlled by regional authorities.
Depending on the industry specialization, there are enterprises:
- Industrial (factories, plants, combines, mines, etc.).
- Agricultural (farms, associations, cooperatives, etc.).
- Construction.
- Transport.
- Shopping.
- Housing and utilities.
Concerns, associations, unions, and other associations can be created from several enterprises. They carry out their activities on a contractual basis. It is worth noting that the units of the enterprise are also collective subjects of administrative-legal relations. Through them, the main organization interacts with state and other authorities.
Institutions
They, like enterprises, are classified into different types according to:
- form of ownership - state, private, municipal, etc .;
- significance and scale of activity (regional, federal, local);
- scope and nature of activity.
Institutions may be:
- educational.
- scientific;
- cultural;
- medical;
- social.
Legal regulation of enterprises and institutions
Acting as collective administrative and legal entities, these organizations enter into various relations with other participants in the turnover, including with the authorities.
The norms fixing the status of institutions and enterprises determine:
- General rules for interaction with executive structures.
- The state registration procedure.
- Rules for licensing, regulation, technical regulation, supervision, control, etc.
- The procedure for maintaining and reporting.
Public associations
This is another type of collective entities involved in administrative and legal relations.
The Constitution enshrines the right of all citizens to association. It involves the ability to create organizations on a voluntary basis to achieve common goals and protect interests. Citizens may join or refrain from already formed associations.
The content of this right, guarantees of freedom in carrying out activities, features of status, the rules for the formation, reorganization and liquidation are regulated by federal laws:
- "On political parties."
- "On public associations."
- "About trade unions."
- "On state support for children and youth associations."
- "On charity work."
According to the provisions of the Federal Law No. 82, a self-governing, voluntary, non-profit association formed on the initiative of citizens with common interests to realize the goals set forth in the charter is recognized as public.
The most important sign of such formations is the voluntariness of creation. The law allows the formation of public associations without obtaining prior permission from the executive state and local structures. These entities may be registered as legal entities or act without such registration.
All public associations, regardless of ownership, are equal before the law. The functioning of such entities is carried out on the basis of the principles of self-government, voluntariness, equality, legality.
Public associations must comply with regulatory requirements, comply with generally recognized international legal provisions relevant to their field of activity, the rules enshrined in the charter and other constituent documents. The obligation of such entities is also the annual publication of a report on the use of property, ensuring the availability of familiarization with all interested parties. Every year, a public association must notify the state registration authority of the continuation of work, provide it with all the necessary information.
Supervisory authorities
The prosecutor's office oversees the implementation of public associations of legislative requirements.
The bodies responsible for state registration control the compliance of the activities of these entities with the goals set forth in the charter. When violations are detected, these structures issue a written warning to public associations. For gross violations of the law or the charter, the activities of the association may be suspended. Liquidation of the association is carried out by court order or by decision of the general meeting.
Fiscal authorities control the sources of income, the amount of funds received and tax deductions.
Political Associations
They occupy a special place among all collective entities participating in administrative-legal relations.
According to article 13 of the Constitution, political and ideological diversity is recognized in the Russian Federation , a multi-party system is proclaimed. The law does not allow the establishment of any one ideology as mandatory or state.
Public associations are considered political, whose charter, among the main goals, secures participation in the political life of the country, in elections to state and local authorities. Such entities must be registered. Lists of association members are subject to mandatory publication in the official media.
The activities of parties, their observance of their charters, are controlled by bodies authorized to register them, get acquainted with documents, send their representatives to congresses, issue warnings in case of violations, as well as petitions to the courts to suspend activities for up to six months and liquidate.
Unions
They are voluntary associations of individuals related by common professional, industrial interests. Trade unions are formed to ensure the protection of the social and labor rights of their members. Such associations can be created by citizens who have reached the age of 14 and are engaged in labor activities.
Trade unions have the right to participate in the development of state programs relating to employment, in the settlement of disputes, propose measures to improve the social security system of workers, and monitor compliance with labor laws. Such associations may own property by right of ownership.
Trade unions are not dependent on state structures and bodies of territorial self-government, employers, the leadership of institutions and enterprises of political movements and other organizations.
Country Nonprofit Partnerships
These associations are formed by citizens on a voluntary basis. Its purpose is to assist members in resolving general issues related to the management of a country house.
The joint property of the participants in the association includes property created or acquired with earmarked contributions. Values obtained by using the funds of the fund formed by the decision of the meeting are recognized as the property of a summer non-profit partnership as a legal entity.
A special fund is formed:
- Membership and entry fees.
- Income from business operations.
- The funds provided to the association on the basis of the provisions of articles 35, 36, 38 of Federal Law No. 66.
- Other income.
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Conclusion
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