A set of regulatory acts that govern administrative legal relations forms the legislation of the same name. It contains various categories of legal documents. Let us consider in more detail what constitutes the administrative legislation of the Russian Federation .
Structure
Any - civil, criminal, administrative - legislation includes:
- Basic acts. They primarily include the Constitution and federal documents (CAO, Federal Law "On Civil Service", Federal Law "On Government", etc.).
- Acts that relate to other legal sectors, however, have in their structure the rules that govern administrative legal relations. These, in particular, include Forest, Tax, and Customs codes.
- International acts that apply to this area of relations.
Characterization of sources
Analyzing administrative law and administrative law , scientists note their significant mobility. It is mainly determined by changes taking place in the legal and organizational structure of the state. To sources for which scientists do not have a unity of opinion, include legal precedents. They, in particular, are decisions of the Constitutional Court and the Presidium of the Armed Forces. They are endowed with a normative character. However, they do not have independent significance and act for as long as the acts with which these precedents are interpreted are valid. The decisions of the Constitutional Court are generally binding. They are used repeatedly and independently, including in cases where an analogy of law is applied. These decisions are considered final; they cannot be overcome by repeated approval of an act or a specific provision that is contrary to the Constitution. They have direct effect and should be published in official publications.
If we consider the decisions of the Constitutional Court as carriers of legal information, it is worth noting that they relate to the freedoms and interests of different participants in public relations. They formulate new in their meaning provisions, which are subject to mandatory accounting when implementing the subjects of their status. However, the normativity of these acts has a slightly different meaning from the traditional understanding. From the foregoing, we can draw the following conclusion. Decisions of the Constitutional Court are sources of law, including administrative ones with a sign of normativity. This allows them to be included in the existing general hierarchy of documents, in the legal structure of the state.
Joint Maintenance Level
Administrative law is the sphere covered by state and regional authorities. This provision is established by Art. 72 of the Constitution. Thus, a two-level system of administrative legislation is formed. In a broad sense, it is a set of acts that operate in the field of public administration, control and regulation. In other words, administrative law provides for the implementation of the functions and tasks that the Constitution entrusts to the subjects of power. However, they are quite specific. They are executive institutions.
Prerequisites for the formation and development
There are 4 categories of constitutional provisions that have a pronounced administrative and legal orientation. The first includes acts enshrining key freedoms, the duties of citizens, which are implemented in the field of public administration. The administrative legislation of the Russian Federation specifies them in two directions. The first is the regulation of the freedoms and legal capabilities of man and citizen. In the second direction, measures are being taken to ensure the protection of rights.
General principles of management and regulation
They constitute the second block of norms of an administrative nature. They are present in more than 10 articles of the Constitution. The administrative legislation of the Russian Federation specifies them in a huge number of documents. They form independent institutions and sub-sectors. It should be noted that in this direction the norms of administrative law are very closely connected with constitutional provisions. This is due to the following. In most cases, the regulation of the functioning of the executive branch is carried out on the border with constitutional law.
Delineation of subjects of reference
Acts regulating the issues of independent competence of federal and regional bodies form the third block. These include art. 71-73, as well as 76-78 of the Constitution. In essence, these articles form the basis for determining the area within which administrative legislation is implemented by the central and regional authorities. They establish the boundaries of the activities of the state and entities in resolving issues related to the regulation of relations. These norms create the prerequisites for delimiting legislative competence in the areas of state property management, public service regulation, organization and functioning of executive institutions, and ensuring freedoms and human and civil rights.
Controversial issues
It is worth saying that a harmonious two-level structure of administrative legislation is formed not only on the basis of constitutional provisions. For its creation, special acts are also necessary in which objects of jurisdiction of the central and regional authorities are specified. Many authors note that at present, this problem is solved only at the CAO level. It provides an exhaustive definition of the powers of the state in the field of administrative responsibility (Article 1.3 of the Code). In most cases, such acts are either absent or these issues are not regulated by them. An example is the regulation of civil service. In 1995, a law was established establishing its foundations. Meanwhile, the competence of the state and regions is not spelled out in it. As a result of this, in acts of the subjects, a substantial deviation from the constitutional provisions governing the civil service is noted.
Aggravating circumstances
It is worth noting that relatively recently the problem of determining the regulatory impact of state and regional legislation was complicated by the fact that the acts did not contain a transcript of the concepts of “authority”, “subject matter”, and “competence”. Today this issue has been partially resolved through the adoption of Federal Law No. 119. It defines the principles of delimitation of powers between regional and state authorities. However, many subjects of competence that are directly related to administrative and legal regulation, and today are treated quite controversially.
For example, under paragraph "c" of Article 71 of the Constitution, the protection and regulation of the freedoms of man and citizen refers to the exclusive jurisdiction of the state. The powers of the regions are established in paragraph "b" of Art. 72. According to the regulation, the competence of the regions includes the protection of the freedoms and rights of citizens and people. In this case, a completely logical question arises. How can these powers be distinguished without simultaneous regulation? Here it can be assumed that regional administrative legislation should determine its guarantees. For example, to form special bodies to assist the population in protecting freedoms and interests.
Legal Basics
They are formed by special constitutional provisions. The basics are aimed at ensuring compliance of domestic legal proceedings with the standards of the legal state system and the expansion of legal guarantees for individuals. In particular, this refers to article 46 of the Constitution. It guarantees all citizens protection in court. In addition, Articles 118 and 128 are important. These rules oblige a law to be established that establishes key concepts related to administrative proceedings, and special procedures for the settlement of disputes arising from public law interactions.
Key development areas
Administrative legislation is being improved today in two aspects. In particular, problems are solved:
- Improving the effectiveness of public administration.
- Ensuring real protection of the rights of the population in the sphere of the executive branch.
The solution to the first question necessitates the adoption of a set of special measures. They should be aimed at improving the regulation of individual industries that form administrative legislation . Measures, in particular, should focus on regulating the status of authorities, public services, methods and forms of public administration. At the same time, the development of laws concerning those categories of social interactions, which, according to the Constitution, should be regulated specifically by the Federal Law, is of key importance.
Improving the legal framework
The solution to this problem involves the formation of institutions that provide the maximum level of protection for citizens, as well as their associations, from illegal decisions and actions of public authorities, officials, as well as municipal and civil servants. In other words, any violation of administrative law must be suppressed. For this, it is necessary, first of all, to improve the institution of appealing against decisions and actions of power structures. In addition, it is necessary to create appropriate conditions in which the right of citizens to defense in court will be realized. Along with this, it is necessary to strengthen the role of the authorities that consider appeals. The most important step in this direction is the creation of the institution of administrative justice. It is a method for the courts to resolve disputes regarding the direct protection of the freedoms and rights of citizens and legal entities.
Institute Elements
Administrative justice includes 2 components: procedural and material. From this point of view, regulation should provide:
- Implementation of special rules of legal proceedings - a special procedure for resolving disputes, taking into account their specificity.
- Legislative consolidation of the structure of bodies in terms of their legal nature, distribution of objects of their jurisdiction, internal system.
Among domestic practitioners and scientists, the concept of a specialized approach to the process of organizing justice has become most widespread. Most authors at the same time proceed from the need to solve this problem in stages. In particular, it was proposed that specialized courts for administrative matters be formed in courts of general jurisdiction, and then appropriate instances were introduced.
Administrative process
CAS is currently in place. However, in practice its use is still not widespread. The corresponding section of the Code of Administrative Offenses is more actively used. At the same time, different authors approach different interpretations of the concept of “administrative process”. In particular, it means:
- Positive administrative activities of public authorities, focused on the implementation of their duties and rights. It is expressed in various procedures.
- Administrative jurisdictional activity. Its essence lies in resolving disputes and applying coercive measures.
- Administrative proceedings.
Conclusion
Created on the basis of the Constitution, administrative legislation acts as the most important means of ensuring the implementation of its provisions. Meanwhile, there are currently many unresolved issues. They are associated with the application of standards and the protection of organizations and citizens from illegal decisions and actions of public bodies. All this constitutes a huge front line of work for state and regional authorities. At present, certain steps have been taken to address pressing issues. In particular, as was said above, CAS was adopted. Work on it was carried out in the Armed Forces. The Code of Administrative Procedure establishes the most important provisions. In particular, they relate to the territorial, subject, and jurisdictional jurisdiction of disputes, the status of participants in the proceedings, features of evidence and evidence base. The Code provides for the possibility of taking security measures, establishes the procedure for consideration and review of cases, including those related to a specific type of public law relationship.