Administrative bodies play a very important role in public administration. They control the observance by all persons and subjects of administrative law. These bodies are also representatives of one of the branches of government and perform specific functions.
The concept of administrative authorities
Administrative bodies are state or municipal organizations that are formed in the manner specified by law. In addition, these may be individual entities vested with the authority to carry out administrative and public activities within the framework of the given competency. Administrative bodies are bodies that act on behalf of the Russian Federation, its constituent entities or municipalities, performing the functions of a protective, protective, regulatory or rule-making nature.
Such bodies also include municipal and state institutions, public officials and other individual entities that act in legal relations of an administrative plan on a state or municipal name and are endowed with administrative powers.
Special features of administrative bodies
These are the differences of such bodies from non-administrative or non-power bodies that carry out administrative legal relations at the local or state level.
Special features of these entities include the following:
- They are organizations or individual entities that are formed at the state or municipal level and act on behalf of the entity that appointed them, representing their interests in the administrative sphere of legal relations.
- They are endowed with a higher power than other administrative and legal entities, excluding relations with bodies equal to them.
- The purpose of their creation is the implementation of internal and external activities in the administrative-public sphere in one or several directions.
- They have their own administrative competence in the field of administrative-public legal relations, solve a certain amount of issues that are assigned by law to their jurisdiction. This scope of issues is disclosed in their legal status, goals, objectives and functions, and is also indicated in the relevant legislative act (regulation).
- To achieve their goals, the authorities are given the necessary powers in the field of administrative management (normative, regulatory or protective and protective). They can issue by-laws and carry out actions of a legally significant nature in relation to bodies subordinate to them.
- They are part of a hierarchically built system with subordination of lower organs to higher ones. For example, regional government agencies are subordinate to the territorial departments of the respective federal services.
- They have their own structure, including divisions of the internal type (departments, divisions, departments, divisions, etc.). These units perform separate functions and solve individual tasks falling within the competence of the dominant body.
- Financing of bodies is carried out from the corresponding budget (federal, subject or municipal). For example, the activities of the district administration of the city are financed from the municipal budget. Exceptions to the rules are cases where a particular subject exercises certain administrative and authoritative powers, while not being in the status of a state or municipal employee and not included in the staff of the relevant authority. For example, some railroad transport workers are authorized to draw up reports of administrative offenses in relation to persons who do not comply with relevant standards of conduct.
- They exercise in their field the authority to control the observance by other persons and entities of administrative-legal norms of this sphere with the help of special forms and methods of an administrative-legal nature that differ from the forms and methods of representatives of other branches of government. The forms include issuing individual and administrative legal acts and performing certain actions. Methods include regulation, supervision (supervision or control), restraint, enforcement or arbitration.
Objectives of Creation and Activities
Administrative subjects of power and other bodies are created with certain goals. These include:
- Promoting the realization of the interests of subjects at the state, subject or municipal level, as well as at the level of organizations and individuals.
- Ensuring and maintaining the rule of law of a public nature, which is established by the norms of various branches of law in the sphere of state power or local leadership, as well as interaction between organizations and individuals.
- Ensuring the safety of society and the state as a whole, as well as organizations and individuals.
Objectives of the activity
The tasks of administrative bodies include:
- Organization of the functioning of the entire body of organs and their subsystems with a high degree of efficiency.
- Organization of rational and effective disposal of property and financial resources from budgetary and extra-budgetary sources.
- Organization of the implementation of legislation at all levels in their field of activity.
- Organization of the enforcement of judicial acts in their field of activity.
Administrative functions
The functions of administrative bodies are the basic lines of activity of bodies. They are determined by the relevant legal administrative norms and are determined by the goals and objectives achieved by them.
The functions of federal government bodies and other administrative bodies are divided into the following groups:
- regulatory and political;
- law enforcement.
Normative and political functions
They include the development of state policy in the field of public administration in general or in part. They also determine the regulatory implementation procedure.
These functions are divided into two types:
- Implementation of regulatory regulation by the adoption or publication of legal regulations that regulate relations in the whole sphere or its part.
- Development of state policy in the field of public administration.
These functions are carried out exclusively by bodies occupying a leadership position in the administrative system. These include federal government bodies such as government, federal ministries, and the president.
Law Enforcement Functions
They include the application of existing legislative norms in the field of public administrative relations. This application of norms of an authoritative nature is divided into two separate functions:
- Individual administrative and legal regulation of legal relations of a specific type that arise in the field of administrative-public relations (registration, legal representation, examination, licensing, permitting, etc.).
- Individual administrative and legal protection and protection of legal relations of a specific type that arise in the field of administrative-public relations (control and supervision of the behavior and actions of relations and application of state enforcement measures to violators). Such functions are carried out by almost all bodies. At the same time, some carry out exclusively administrative and legal regulation of relations of a specific type (for example, agencies at the federal level and their territorial branches), while others only have a human rights function (customs and tax authorities, FSB bodies, etc.).
Administrative Powers
Administrative powers - the rights granted by law to certain bodies for the exercise of the functions and the performance of the tasks assigned to them.
In terms of content, the powers are divided into three groups:
- The publication and adoption of legal normative acts that regulate the relevant relations (for example, individual acts of the heads of rural settlements or other persons).
- The issuance and adoption of individual legal acts with the help of which individual legal administrative regulation is carried out, as well as protection and protection (for example, a decree imposing an administrative penalty).
- The commission of other actions of legal significance that contribute to the implementation of the functions of legal regulation, as well as protective and protective functions (for example, licensing).
The publication and adoption of legal regulations refers to the powers of certain bodies - the government, the president and ministries of the federal level. The issuance and adoption of individual legal acts, as well as the commission of other legal acts of authority that contribute to the implementation of the functions of legal regulation, are the powers of almost all administrative bodies. Only the scope of authority differs, depending on the functions and tasks of each.
If the body is an organization, its powers are exercised by the appropriate official.
There are some restrictions or prohibitions regarding the exercise of authority. For example, inspection bodies have the right to exercise control with a limitation of the time and duration of inspections. Restrictions are introduced to maintain a balance between the responsibilities of controlling entities, as well as the rights and legitimate interests of objects of inspections, in order to prevent unnecessary interference in the activities of organizations and causing harm to their activities.
Administrative Responsibilities
All administrative bodies, from the president to the regional administrations, carry out certain duties that are assigned to them by the norms of law. They contribute to providing solutions to their functions and tasks.
The common responsibilities for all administrative bodies, including city authorities, are as follows:
- Respect and protection of the rights and freedoms of citizens, as well as respect for the rights of organizations.
- Carrying out administrative and public activities in strict accordance with the competence granted to the body by legal regulatory acts of a corresponding nature.
- Compliance with the procedures and procedures established by legal regulatory acts in the implementation of tasks and the performance of functions.
- Compliance with restrictions and prohibitions established by legal regulations of a corresponding nature.
Classification of Administrative Bodies
All administrative bodies can be classified on the following grounds:
- By type of organ.
- By type of activity.
- In content and scope of competence.
- In order to resolve issues of a subordinate nature.
- By the limits of the boundaries of the territory of action.
- By validity.
By type of organs are divided into:
- executive authorities;
- government type offices;
- other bodies that are not included in the system;
- government officials who act on a state behalf;
- state institutions;
- bodies at the local level of self-government that carry out executive, administrative and jurisdictional activities;
- officials acting on a municipal behalf;
- officials and employees of organizations with administrative powers.
By type of activity, the bodies are divided into:
- Administrative and regulatory.
- Administrative and supervisory, supervisory or control.
- Administrative and security.
- Administrative Arbitration.
Such a separation is conditional due to the fact that most of the organs carry out all these functions to one degree or another, some of which relate to the main ones, and others to the secondary ones.
The content and scope of competence distinguish the following bodies:
- With general competence.
- With industry competence.
- With intersectoral competence.
- With special competence.
In order to resolve issues of a subordinate nature, the bodies are divided into:
- One-man.
- Sole.
- Collegial.
The following bodies are distinguished according to the borders of the territory of the action:
- Federal level, operating throughout the territory of the Russian Federation (government, ministries, prosecutors, etc.).
- The level of subjects operating in the territory of a particular subject (government, regional administration, departments, ministries, etc.).
- Municipal level. They operate on the territory of a city, rural settlement, etc. (heads of rural settlements, departments and administration departments, etc.).