The subjects of administrative law arecarriers of duties and legal opportunities with which they are allocated for realization of powers in the field of public administration. Legislation defines several of their categories. Consider further what are the subjects of administrative law, administrative and legal status of a citizen.
General information
Administrative entities may becomeparticipants in relevant relationships in the presence of a number of conditions. In particular, there should be special rules. They define the duties and rights of subjects. In addition, there must be a basis for the emergence of relevant relationships. And finally, the subjects must have administrative authority and legal capacity.
Categories
Субъектом административно-правовых отношений name the person who, according to the current legislation, participates in the management regulated by special norms. At the same time, it is endowed with specific powers that it is capable of exercising. These members can be individual and collective. The latter include:
- A variety of commercial structures.
- Local authorities.
- Unions, parties, social movements and other associations.
- Labor collectives.
- State organizations, enterprises, institutions.
- Structural units of the executive bodies with their own competence.
- Government bodies.
Citizens - individual subjects of administrative law. However, they may be nationals of foreign countries.
Identity and citizen as a subject of administrative law
Among all participants in the relationship stands out a specific category. It has a number of features compared to other persons. Man and citizen as a subject of administrative law acts as a carrier of specificlegal opportunities. He is endowed with them for the realization of his own vital needs and participation in the process of managing state and public affairs. Together with legal opportunities, duties of citizens as subjects of administrative law. Here it is necessary to clarify one important point. In this aspect citizens of the Russian Federation as subjects of administrative law not endowed with administrative powers. They can be either working, students or retired.
Legal status
A set of duties, rights and responsibilitiesindividuals form its administrative status. It is predetermined by constitutional provisions. In this regard, the status is stable and universal. It manifests itself in various forms. Some lawyers associate them with citizenship. In accordance with this, several categories are distinguished. The first includes ordinary, honorary, and dual citizens. In the second group are persons who are subjects of far and near abroad. The third category includes stateless persons. The distinction of these groups is made according to regulatory provisions. At the same time, there are differences related to the regimes of access to state secrets, military duty, measures of responsibility, and the replacement of a number of posts.
Manifestations
Citizen as a subject of administrative law endowed with certain powers and bearsresponsibility, ensuring his participation in public administration and the satisfaction of his own and public interests, due to the functioning of state bodies. The legal status of an individual may be:
- Common. For a particular area, it is basic.
- Special. Such status mediates diverse legal behavior.
The latter category, in turn, is classified into subspecies. Special status may be:
- Individual subject.
- Member of the management team.
- The subject of administrative custody.
- Resident of the territory in which the special regime is established.
- The subject of the permit system.
Additional categories
In accordance with the nature of the guaranteed activity, the following statuses are distinguished:
- General civil - in the field of state affairs management. It is determined by constitutional provisions and aims to develop social qualities.
- Functional client. With his help citizens as subjects of administrative law, briefly speaking, they realize their own interests and satisfy their needs. This is ensured by the corresponding authority of the services, bodies and their employees.
- Affiliate. It manifests itself in the process of participation of individuals in the work of executive bodies and the implementation of various social roles.
- Guardian. According to him, grcitizen as a subject of administrative law gets guaranteed protection.
Executive role
It is of particular importance in the formation and implementation of the status of a citizen. Within their competence, these structures:
- They approve regulations affecting the content of administrative status.
- Implement the provisions.
- Ensure the implementation of subjective civil rights.
- Carry out protection.
Key elements
Legal personality is ensured by legal and legal capacity. The presence of the latter is an essential condition for the participation of a person in management. Endowed with it citizens, organizations. Subjects of administrative law cannot transfer or alienate it.Its volume may be changed by law. The legal capacity of a citizen acts as the basis for his legal capacity. The latter is an opportunity through our own actions to obtain legal opportunities and realize them, as well as bear the corresponding responsibility. Citizen as a subject of administrative law endowed with legal capacity from a certain age.
Aspects of the legal status of persons
According to the Constitution, a person outsidedepending on public, property, service and other status, acts as a subject of all branches of law. It is recognized by the Basic Law as the highest value of the state. The fact of citizenship implies the corresponding rights and obligations. They are defined in the areas of:
- Public and state activities.
- Family or personal, not related to public interests.
- Economic and labor activity.
When a person acquired personality status, and then -citizen, another element arises - social. It is necessary to ensure employment. The social element allows a person to carry out labor activity, serve in the armed forces, study, etc. Another component - a special one - citizen as a subject of administrative acquires rights of his own free will.
Specificity
Administrative status hassome features. First of all, it is distinguished by a complex complex nature, "permeated" by the norms of various legal sectors, reflecting the interaction of a person, society and the state. In addition, features and duties of citizens as subjects of administrative law can exist separately or in combination.For example, a person may apply to certain authorities with statements, complaints, etc., must comply with traffic rules. The complex of rights and obligations is manifested in cases when, when considering a case of an offense, the subject can appeal the decision and must pay the fine imputed to him.
Nuance
In some cases, the content of citizen statusas an administrative legal entity depends on the will of a person. For example, to purchase a hunting rifle, you must obtain permission. It, in turn, is issued in authorized bodies at the request of the person. In other cases, status arises contrary to the will of the subject. For example, a person who committed minor hooliganism is subject to a measure of detention and delivery to the police.
Structure
Citizens of the Russian Federation as subjects of administrative law possess:
- Common legal opportunities and responsibilities for all. For example, individuals are required to comply with fire safety regulations.
- Responsibility and legal capacitybelonging to a specific category. For example, drivers, hunters, entrepreneurs have their own responsibilities and rights specific to a particular activity.
- Legal capacity and liability for certain individuals. For example, refugees and internally displaced persons have their own duties and rights.
Public administration
Citizens of the Russian Federation as subjects of administrative law realize their legal capabilities, followrequirements and are responsible in collaboration with management structures. At the same time, the latter exercise control over the fact that, within the framework of relations, the actions of some individuals do not infringe on the interests of others. Obligations and rights of citizens in the field of public administration are conditionally divided into 4 types. The former are necessary for participating in the regulation of state affairs. They are implemented by individuals, associations of citizens. Subjects of administrative law participate in management through representatives orindependently, as well as through equal access to public service. The second type of prescriptions and legal opportunities involves vigorous assistance from the executive bodies and their employees. The third category of duties and rights of citizens is realized by providing the authorities with their protection, creating the right conditions for putting them into practice. The last type of prescriptions and legal possibilities concerns the participation of individuals in the work of executive institutions. For example, citizens can act as members of interagency commissions, expert advisory, scientific and technical, coordination councils, freelance experts, and so on.
Legal opportunities
Rights of Entities Entering intoadministrative and legal interactions differ for various reasons. In accordance with the mechanism for their implementation, the following categories of legal opportunities are distinguished:
- Unconditional (absolute). The subjects enjoy these rights on their own.discretion. At the same time, power structures should create appropriate conditions and not create obstacles to their implementation, ensure their protection.
- Relative. To implement this category of rights, an act approved by a state agency is required. For example, it may be an order for appointment to a position, permission / license to conduct activities.
Rights vary and depending on the circle of subjects to which they are granted. On this basis, there are legal opportunities:
- Are common. They apply to all areas and sectors of management. For example, there is the right of citizens to appeal against decisions of officials.
- Special. They are installed in a specific area or industry. For example, in the economic sphere, every citizen has the right to conduct business.
Depending on the content, there are opportunities:
- Participate in public administration. In particular, individuals may enter the civil service, make proposals, etc.
- Receive government assistance. For example, citizens receive medical, sanitary and epidemiological, technical, and organizational assistance.
- Receive protection. The main forms of implementation in this case are an administrative complaint, the right to help in non-governmental associations.
Regulations
Along with rights, as was said above, citizens are vested with duties. In particular, persons must:
- Comply with the Constitution.
- Pay taxes established in accordance with the law.
- Respect nature.
- Defend the homeland, etc.
Failure to fulfill obligations or evading them, andalso abuse of rights entails adverse consequences for citizens. In particular, various measures of influence established by law can be applied to violators. Illegal behavior is regarded as an administrative offense. The consequences may be material or non-material in nature.
Foreign citizens as subjects of administrative law
Their legal status is regulateddomestic legislation and international treaties. The norms of Russian law apply to all persons within the territory of the Russian Federation. All people to one degree or another during their stay in the country come into interaction with the executive bodies in various fields. Foreign citizens as subjects of administrative law are endowed with certain legal capabilities. At the same time, the state ensures their implementation and protection. In accordance with the Constitution, foreigners exercise their rights and fulfill the prescribed requirements on an equal basis with Russian citizens, with the exception of cases provided for in the norms. The following categories of persons are considered separately in the legislation:
- Permanently resident in the country.
- Temporarily arriving.
- Passing through Russia.
The state may provide politicalasylum for persons arriving from abroad, in accordance with generally accepted international standards. Permanent residents are foreigners with a residence permit and permit. These documents are provided by the VD authorities. Entities that are in the country for other reasons are considered to have arrived temporarily. They have less legal capacity.
Assumptions and Prohibitions
Foreigners and persons without any citizenship have the right to:
- Appeal of decisions / actions of executive power institutions, their employees.
- Personal integrity and freedom.
- Medical care.
- The inviolability of the home.
- Education.
- Free labor and so on.
Moreover, the legislation establishes a number of prohibitions. In particular, foreigners are not allowed to:
- To enter the civil service.
- Carry out activities related to admission to state secrets.
- Enter the country without permission.
- To live and conduct activities without relevant documents.
Foreigners are also not covered by the militaryduty. Only persons arriving from abroad are punished by expulsion. In addition, foreigners may be limited in their freedom of movement and choice of place of residence.
A responsibility
The legislation establishes legalguarantees ensuring the exercise of the rights of foreigners in the country. They provide protection measures for property and other values. The legal guarantees also include the liability of foreigners for violation of the obligations established for them, as well as for abuse of rights. Measures of influence are applied to them on a general basis. The exception is persons with immunity and privileges. In accordance with the principle of sovereignty, the state independently sets the boundaries of responsibility for citizens arriving from abroad.
Conclusion
The features thatcitizens possess as subjects of administrative law. Coursework reflected key aspects of the legal status of persons residing in the country. It examined various manifestations of the legal status of citizens, including those who arrived from abroad, state guarantees, directions of actions of executive bodies to ensure its implementation and protection.
