State power is a comprehensive mechanism for managing people in a particular country. It is used only in the context of regulating certain processes at the level of an entire power. In other fields of activity, completely different methods and methods of influence are used. A key factor in state power is that it must necessarily rely on something. Initially, this governance mechanism was based on religion and violence. But in such conditions it is extremely difficult to achieve order in society, because people rebel against violence, and only believers recognize religion.
Over time, the basis of state power becomes law. This regulator of public relations has proved to be quite effective. Today, law can be found in almost all sectors of human life. With regard to public administration, this mechanism has also acquired a legal framework. Moreover, in modern Russia there is a special legal branch that regulates relations in the presented field. It is called administrative law and has many characteristic features. In addition, subjects of the administrative industry are of great interest, because they are direct participants in the public administration process.
Doctrinal Engineering
Before highlighting the concept and types of subjects of administrative law, it is necessary to analyze in detail the very essence of this sphere of regulation. It is worth noting the fact that there has been a debate about it in the scientific community for a long time. After all, initially administrative law as such did not exist at all. Nevertheless, in pre-revolutionary Russia, the police regulatory industry was actively developing. It was a set of legal norms that coordinated relations in the field of public welfare and public protection. In other words, the industry’s action was aimed directly at law enforcement agencies. However, with the development of the state apparatus during the USSR, there was a need for an industry that would regulate relations within it. That was police, or administrative law. Over time, the industry has significantly modernized, and the range of legal relations regulated by it has expanded.
The modern concept of administrative law
Today, the importance of the industry presented in the article has increased significantly. Administrative law is a set of rules of conduct by which the regulation of social relations in the field of public management activities is carried out. Another distinguishing feature of the industry is that it coordinates the functionality of officials in the process of directly exercising their powers.
Thus, in comparison with the administrative law of the USSR, the modern sphere of regulation has a wider subject. In addition to this round of the industry, the science of the same name has become. Scholars directly involved in administrative law make an invaluable contribution to the development of the entire regulatory sphere as a whole.
Relationships Included in an Industry Subject
The concept and types of subjects of administrative law are categories that directly depend on relations arising in the sphere of regulation. In other words, the nature of the interaction between certain participants makes it possible to divide the latter into certain groups.
The concept and types of administrative legal relations are not described in the legislation. But based on doctrinal provisions, they can be distinguished. Thus, the following relations are regulated by administrative law:
- between executive authorities of different hierarchical affiliations;
- between executive bodies located at the same level of hierarchical subordination;
- between subjects of executive power and their structural divisions;
- between the subjects of executive power and bodies related to local self-government;
- between subjects of executive power and citizens, their associations, etc.
Thus, the presented legal relations characterize some features of persons who are directly involved in them.
The concept of industry
All legal sectors apply to certain individuals. Types of subjects of administrative law, or rather their number shows the significant development of the institution of the presented regulatory sphere. In the branch doctrine, there are different interpretations of its participants. Nevertheless, they all have some common features. It should be remembered that the concept and types of subjects of administrative law are related categories that complement each other. Thus, according to the prevailing theory, a subject of an industry is a legal entity or an individual who is directly involved in the implementation of a public administration. This concept is classical, because it most fully characterizes the affiliation and purpose of the existence of participants in legal relations arising in the mentioned area.
Characteristics of subjects
A participant in certain legal relations can enter into them only if certain conditions exist. In other words, the subjects of a certain industry may be those who meet the established requirements. In administrative law, such features exist. The subjects of the industry can be characterized from two main positions, namely:
- legal capacity;
- legal capacity.
The two categories presented were developed in the civil law industry. However, in the context of public administration, they acquired a certain kind of specificity. To date, science distinguishes administrative legal capacity and legal capacity.
Features of administrative legal capacity
Any individual and legal entity can interact with other entities only if certain features exist. If we are talking specifically about administrative law, then in this case, a similar condition is legal capacity. This category contains a whole range of different opportunities and responsibilities. Moreover, all types of subjects of administrative law, without exception, are endowed with sectoral legal capacity. Thus, what is this category? Legal capacity in the industry represented is a combination of administrative rights and obligations that give a person the opportunity to enter into a relationship of a certain type. The existence of this category entails the application to the subject of certain legal measures that are permissible within the industry. In addition, administrative legal capacity is regulated by legislative norms. Therefore, their change directly affects the existence of the presented category.
Legal capacity in administrative law
As for the second element of the legal status of entities, it is no less important. Legal capacity in administrative law is the actual ability of a person to have and exercise his own rights, as well as bear legal responsibility for violating the legal industry regime. In other words, this category gives freedom of action to the subjects, but only within the specific framework prescribed by law. Going beyond this involves the application of legal measures to a person. At the same time, it should be noted that the emergence of administrative capacity does not occur simultaneously in all, without exception, entities. Each person whose activities are regulated by industry standards in the issue presented is characterized by their own characteristics.
Capacity moment
All types of subjects of administrative law of the Russian Federation are not equal to each other. Therefore, the moment of occurrence of legal capacity in each case will be characterized by several basic aspects, for example:
- achievement by an individual of 16 years;
- position in the job hierarchy;
- position at the time of the action of a particular mode;
- conducting mandatory registration actions.
As for the last factor, here we are talking about the moment of creating a legal entity. This subject can be a party to administrative legal relations only after the implementation of its state registration. In other cases, we are talking about individuals who can be both ordinary citizens and officials.
Classification of parties
Each sphere of regulation extends its action to a certain circle of persons. Types of subjects of administrative law, individuals and legal entities can be distinguished into certain groups, that is, classified. This makes it possible to study in more detail their specifics and distinctive features, if we do not take into account the presence of general legal capacity and legal capacity. Today, there is a standard view on the separation of persons involved in industry relations. According to a similar theory, there are the following types of subjects of administrative law, namely:
- individual;
- collective;
- state corporations.
As we understand it, the types of subjects of administrative law, their administrative and legal status in all three cases will differ in certain features. Therefore, these classification groups must be considered separately from each other.
The concept and types of individual subjects of administrative law
The first classification group characterizes persons who carry out their activities directly. That is, individuals belong to the category of individuals: citizens of Russia, foreigners, etc. If we talk about such entities, then they become participants in legal relations by virtue of the implementation of any actions, for example:
- obtaining permission or license from any authority;
- commission of an offense;
- directing a complaint to a subject of state activity, etc.
In addition to ordinary individuals, individual employees include government officials. Their characteristic difference is the fact that the functions of official departments are implemented due to direct work in them. The participation of civil servants in administrative relations is determined not so much by a legal fact as by the presence of direct instructions in the legislation.
The concept and types of collective subjects of administrative law
Far from always, individuals or individual employees of state bodies enter into relationships individually. The very essence of administrative law involves the regulation of interaction in the field of public administration. The main subject of such an industry is nothing but collective organizations and other legal entities. In other words, such participants in themselves are integral structures that unite a certain number of people. To date, the following types of collective subjects of administrative law can be distinguished, namely:
- government bodies in the state and their structural divisions;
- state organizations;
- public associations of citizens;
- bodies included in the structure of local government;
- labor collectives, etc.
Thus, this classification group of persons who are participants in administrative legal relations includes a large number of organizations of various kinds. Moreover, their functional features are completely different.
Legal Regime of State Corporations
The types of subjects of administrative law contain in their list a rather interesting person who is a novelty in the national legal system. These include state-owned corporations. Many scientists argue among themselves about the allocation of this subject in a separate form. Nevertheless, its uniqueness cannot be denied. There are several salient features of state-owned corporations:
- they belong exclusively to the country;
- the purpose of their creation, as a rule, is the implementation of functions useful to society;
- they are characterized by a specific legal form.
Thus, the types of subjects of administrative law, briefly presented in this article, differ significantly from state corporations, which are a completely unique phenomenon.
Conclusion
So, we have analyzed the types of subjects of administrative law and their classification. It is worth noting that this industry institution is dynamic, since any changes in society entail the emergence of new people participating in public administration relations.