Currently, there are a large number of different at a fundamental level ways of control by the state over the life of citizens. In each country, this control is implemented differently. Consider the concept, types and methods of administrative supervision of the police and other responsible bodies on the example of the Russian Federation.
General Provisions
It should be noted that in Russia, state control is primarily regulated by administrative law. This kind of state activity is necessary so that citizens and other individuals residing in the territory of the Russian Federation comply with the rules defined by the legislator. For the continuous operation of various types of administrative supervision and other methods of state control without any failures, it is not enough to have specific structures that deal with this. A special mechanism is needed related to the implementation of relevant activities. In the Russian Federation this mechanism is. The legal regime is mainly maintained through the implementation of various types of administrative supervision. The mechanism has a beneficial effect on the development of society and the state, since legal standards today not only exist, but are also implemented by citizens.
The concept of administrative supervision
Consider the concept and types of administrative supervision. This term should be understood as the type of activity of certain structures of the executive branch, as well as of individual officials, related to the monitoring of the exact implementation, compliance with legal standards in various areas of legal activity carried out by the state. From the definition it is advisable to highlight the main features inherent in administrative supervision. Among them, we note the following:
- Industry character and legality. To implement different types of administrative supervision can only authorized bodies of executive state power.
- Inadmissibility of violation of personal freedoms and rights of citizens. In other words, the existence of structures for administrative supervision regardless of the interests and will of the entities with respect to which this supervision is implemented.
- All currently existing types of administrative supervision are carried out through special techniques.
- Supervision is determined by a systematic nature.
Administrative Oversight Classification
Further, it is advisable to analyze the types of control and administrative supervision. Depending on the object that falls under state control, it is customary to distinguish the following types of supervision:
It is important to note that the branch type of state control and administrative supervision is carried out in a specific area of interaction between society and an individual. For example, supervision in the financial sector or supervision carried out by the Ministry of Internal Affairs of Russia are varieties of industry control by the state. Intersectoral supervision is characterized by a larger area of activity, covering not only the area of management. An example of this type of supervision in administrative law is administrative technical supervision by specific government agencies. It is worth noting that the latter implement it in order to maintain the improvement and cleanliness of the city. So, the representative of state. authorities - as a rule, a certain department - undertakes to pay attention to all areas of activity of citizens, which directly or indirectly affect urban improvement.
The subjective composition of administrative supervision
Having fully examined the concept and types of administrative supervision, it is advisable to go to its subjects. It is important to know that the subjective composition of the studied category is determined by one most important feature. So, in legal relations arising between entities, one of the parties will always be a representative of the state executive branch. This condition is fundamental in relation to administrative supervision. The types of restrictions that exist today apply to citizens, public organizations, enterprises, civic associations, as well as institutions. It is worth noting that all kinds of departments of state significance, state bodies, inspections or committees are considered as subjects of power. For example, the Customs Committee of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation, the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation, the State Tax Service and so on. Almost any power structure is authorized to exercise administrative oversight within its jurisdiction.
Methods for the implementation of administrative supervision
Having examined the concept and types of administrative supervision of the police and other state bodies, as well as its subjective composition and main features, it is advisable to switch to methods that are relevant to date. It should be borne in mind that the special methodological framework used by the executive branch helps to implement supervision in a particular area of state regulation. Currently, 5 main methods of administrative supervision are known:
- Verification
- Observation.
- Inspection of an object that is under surveillance.
- Analysis of documents.
- Monitoring the media to find violations of state. management.
Today, there are other methods that allow government agencies to perform functions of administrative supervision. Let us examine some of the methods using the example of the police for an absolute understanding of this aspect of the topic.
Consider an example
Currently known types of administrative supervision of the police are carried out using the following methods:
- Direct monitoring of the implementation of certain rules of a generally binding nature by citizens and officials, including district commissioners, patrol units, the state traffic safety inspectorate and others.
- Checks for compliance by citizens and officials with the prescribed rules, which are carried out periodically. This technique is typical for the activities of licensed work departments, district police services, and so on.
- Checking and finding violations in accordance with statements, complaints and other appeals of organizations, citizens, media reports, materials that, as a rule, come from law enforcement agencies.
Which services provide administrative oversight?
In the process of studying the concept, types, administrative oversight bodies, as well as other aspects of the topic, you should list the state structures that implement the relevant activities on the territory of the Russian Federation:
- State Customs Committee of the Russian Federation.
- RF Committee for Metrology, Standardization and Certification.
- State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation.
- Federal Industrial and Mining Supervision of Russia.
- State Tax Service.
- Federal Supervision of Radiation and Nuclear Safety.
- Federal Service for Supervision of Insurance Activities.
Administrative Oversight Functions
It is important to note that each of the above government bodies has a certain functionality in its activities. If we summarize this information, we get the following list of functions:
- Receiving information from citizens, organizations and so on.
- Holding administratively liable.
- Use of administrative warning measures.
- The use of administrative preventive measures.
- Registration and subsequent accounting.
- Issuance of licenses (special permits, for example, for the development of a specific type of activity).
- Rulemaking and other functions stipulated by the legislation in force on the territory of the Russian Federation.
Law Enforcement
For the suppression of offenses in a certain area of public administration, administrative supervision is established. It is worth noting that the key task of the relevant state organizations is to maintain law and order. It is for the implementation, the implementation of the rule of law structure, which are representatives of the executive state power, are endowed with many powers of a special nature. One way or another, they have priority over civil entities in respect of which administrative supervision is carried out. In order to avoid the assumption on their part of certain violations that are enshrined in the legislation in force on the territory of the Russian Federation, government structures act as follows:
- Use precautionary measures.
- Make a registration.
- Issue permissions and licenses.
- Issue regulations and so on.
Passive form of oversight
You need to know that supervision can be carried out in a passive form, in other words, without the use of the powers listed in previous chapters. The implementation of certain functions by executive structures of state significance can take place only if there is a threat to interests that are protected by law. Further, it is advisable to consider the functional of administrative supervision by the example of the police, since this structure has the widest range of powers.
Police functionality
To fully understand the essence of administrative supervision, we will analyze the functions performed by the police:
- Administrative function.
- Criminal procedure function.
- Operational function.
Administrative activities should be understood as the practical implementation by the police of functions related to the protection of public order and security, as well as the fight against crime. It is customary to consider operational-search activity as a type of work carried out by the operational departments of state structures both publicly and secretly. It is important to add that these bodies must be authorized by Federal Law No. 144 “On the operational-search activity”, and also act within their own powers in order to protect health, life, freedoms and human rights.
Under the criminal procedure work is understood as an activity that includes:
- Criminal type of inquiry within the boundaries defined by law.
- The production of urgent investigative operations in accordance with cases for which a preliminary investigation is a prerequisite.
- Fulfillment of the instructions of the investigator and the prosecutor regarding the performance of investigative and search actions.
Conclusion
So, we examined the concept, varieties, features, functions, as well as other important aspects of the topic. In conclusion, it should be noted that administrative supervision is characterized by signs of activity that are separately regulated by the laws of the Russian Federation and other normative acts of national significance. One way or another, this serves as an unconditional reason to consider supervision one of the methods of ensuring the rule of law.
All the information presented above provides the basis for the formation of the conclusion that administrative supervision is an objectively necessary function, which is determined by the requirements of efficiency and legality of management and is implemented in the course of activities by relevant state structures.