- Administrative law
- Sources of administrative law
- Administrative offenses
- Administrative penalties
1. Administrative law
Administrative law is a branch of law, primarily regulating public relations arising in the process of organization and activities of government bodies (creation, reorganization, liquidation).
Subjects of administrative legal relations:
- Organizations executive power
Administrative-legal regulation of social relations is carried out by the method of legal authoritative prescriptions.
- Constitution of the Russian Federation
- Federal Law "On the State Border"
- Decrees of the President of the Russian Federation
- Decrees of the Government of the Russian Federation
- Ministerial Orders...
The main act regulating administrative responsibility -
Code Russian Federation on Administrative Offenses (CAO RF).
Signs of administrative offenses:
- Action (action or inaction)
- Its wrongfulness
- His guilt
- Causal relationship between a wrongful act and its harmful consequences
- Administrative responsibility for the deed
3. Administrative offenses
Types of administrative offenses:
- In the field of customs
- In the field of business
- In the area of traffic
- In the field of property protection
- In the field of military registration
- On transport
- Infringing on the rights of citizens
- Invading the health and well-being of the population
- encroaching on public order
- Warning
- Administrative penalty
- Compensatory seizure of the instrument of committing or the subject of an administrative offense
- Confiscation of the instrument of committing or the subject of an administrative offense
- Deprivation of social right
- Administrative arrest
- Administrative expulsion from the Russian Federation of a foreign citizen
Tasks
The unemployed P. and K. drank a bottle of wine at the entrance of the house. Then both went out into the street, cursing, shouting and pestering passers-by.
What type of offense was committed?
What type of administrative punishment threatens violators of law and order?
Tasks
Citizen S. was in a hurry to get home: his best friend had arrived. Sitting in his car, he rushed off at a speed of 100 km / h. At the first intersection, a traffic police officer gestured him to stop, but S. pretended not to notice this. The second intersection became fatal for him: at high speed he crashed into a taxi with passengers. One passenger was taken to intensive care.
List the offenses committed by citizen S.?
Tasks
Determine which types administrative penalties (administrative penalty, administrative arrest, confiscation of certain property, deprivation social rights) may be applied for the following administrative offenses:
- Petty hooliganism
- illegal hunting
- Drinking alcoholic beverages in society. place
- Driving under the influence of alcohol
- Disobedience to a police officer
- Large tax evasion
- Poaching
Administrative law. Administrative responsibility. Administrative relations. administrative coercion. Administrative- territorial arrangement Russia. Administrative law of the Russian Federation. Types of administrative penalties. Debt settlement. Collection of receivables. Administrative Justice.
Application procedure disciplinary action. Fundamentals of administrative law. The concept and types of administrative law. Southwestern administrative district. Norms of administrative law. Special administrative-legal regimes. Forms of state (administrative-territorial) structure. The concept and sources of administrative law.
Southern Administrative District, Moscow. Elimination of administrative barriers. Administrative property right. Topic Administrative - territorial structure. Essence and types administrative process. Administrative and legal regulation of the passage public service. German administrative law.
Tasks of the administrative department. Types of economic systems Administrative-planning system. The concept and features of an administrative-legal act. Administrative responsibility: general provisions. Administrative ethics. Administrative (classical) school of management. The development of the science of administrative law in Russia.
Administrative and public control in educational institution. Political system and administrative - territorial structure of the countries of the world. Features of the administrative-territorial structure of the Russian Federation. Department of the Smolensk region for control and interaction with administrative bodies.
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Administrative law T.I. Rudakova, teacher of history and social studies of the highest qualification category MKOU "Zalininskaya secondary school"
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PLAN Administrative law as a branch Russian law. Sources of administrative law. Main tasks, functions and principles of administrative law. Relationships governed by administrative law. Forms of norms of administrative law. The main features and features of administrative law.
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The term "administration" comes from the Latin language and means "management". Therefore, administrative law is sometimes defined as the right to govern. One of the important tasks of administrative law is the regulation of relations in the field of public administration. At the same time, administrative law regulates relations that develop in the sphere of regulation of public order, life, rights and freedoms of citizens. Administrative and legal regulation is carried out primarily with the help of such methods as "observation", "supervision", "control".
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Administrative law is a branch of law that regulates public relations in the field of management activities of bodies and officials for execution public functions state and municipalities.
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SOURCES OF ADMINISTRATIVE LAW At the federal level At the regional level At the municipal level
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Code of the Russian Federation on Administrative Offenses (CAO RF) Codified normative act governing public relations for bringing to administrative responsibility, as well as establishing general principles, a list of all administrative offenses, bodies considering cases, the procedure for bringing to administrative responsibility and the procedure for the execution of decisions on administrative affairs. Federal Law No. 195 dated July 01, 2002 Last changes- November 2017
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Article 1.1. Legislation on administrative offenses Legislation on administrative offenses consists of this Code and the laws of the constituent entities of the Russian Federation on administrative offenses adopted in accordance with it.
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Code of Administrative Offenses of the Russian Federation Article 1.2. Tasks of the legislation on administrative offenses Tasks of the legislation on administrative offenses: protection of the individual, protection of the rights and freedoms of man and citizen, protection of the health of citizens, sanitary and epidemiological welfare of the population, protection of public morality, protection environment, security established order implementation state power, protection of public order and public safety, protection of property, protection of the legitimate economic interests of individuals and legal entities, society and the state from administrative offenses, the prevention of administrative offenses.
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Functions of Administrative Law A law enforcement function determined by the fact that administrative law is legal form exercise of executive power. A law-making function, which is an expression of empowering the subjects of executive power with the powers of administrative rule-making. An organizational function arising from the organizational nature of state-administrative activity, which is constantly “supported” by the norms of administrative law. A coordinating function aimed at ensuring reasonable and effective interaction of all elements of the sphere of public administration regulated by administrative law. Law enforcement function, ensuring both compliance with the established in the field of public administration legal regime, as well as protection legal rights and interests of all participants in regulated management relations.
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Persons who have committed administrative offenses are equal before the law. Individuals subject to administrative liability regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Legal entities are subject to administrative liability regardless of location, organizational and legal forms, subordination, as well as other circumstances. Article 1.4. The principle of equality before the law
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SUBJECT OF ADMINISTRATIVE RIGHTS - set social relations that develop in the process of organization and activities of the executive branch. Public relations arising in the process of public administration at all its hierarchical levels Intraorganizational relations of all government agencies Functioning of nationwide control Activities judiciary for the consideration of administrative offenses
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THE SUBJECT OF ADMINISTRATIVE LAW is a person or organization that, in accordance with the current legislation of the Russian Federation, may be participants (parties) of regulated public relations.
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The main features of administrative law The indispensable participation of any public authority Lack of legal equality of the parties: one participant has rights, the other has duties Administrative responsibility comes from the age of 16 Express the will of the state The party is responsible to the state represented by the relevant body or official
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Relations regulated by administrative law are divided into three groups: 3. Relations between citizens. Relations within the state apparatus. 2. Relations between executive authorities and citizens.
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1. Relations within the state apparatus These relations can be defined as relations of subordination and coordination (subordination and coordination) that exist in any administrative apparatus, including the state. These norms (administrative) fix the structure of the executive authorities of the state, the competence of individual divisions of this structure, the relationship of officials, forms and methods of work.
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2. Relations between executive authorities and citizens. This type of relationship is the most common, since between executive authorities, such as, for example: department social security, department of education, traffic police, etc., and citizens have the closest and fairly regular contacts.
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3. Relations between citizens. These relations are predominantly formed in the sphere of public law and order. Since the state is not ubiquitous, the law provides citizens with the opportunity to independently regulate relationships with respect for each of the rights and interests of the other.
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Answer: "Administrative law is a branch of law that regulates social relations arising in the process of organizational and executive-administrative activities of officials and government bodies." the following sentences can be given: "There is special order bringing to administrative responsibility, which is relatively simple, and therefore it is efficient and economical”; “One of the types of administrative penalties is administrative arrest - keeping the offender in isolation from society (established for up to 15 days and only by court decision)” What is the meaning of social scientists in the concept of “administrative law”? Drawing on the knowledge of the social science course, make two sentences: one sentence containing information about any sign of administrative responsibility, and one sentence revealing the essence of any type of administrative punishment.
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15-year-old Yegor Sedov, rushing to college, ran across the street in front of a nearby vehicle, which created an emergency. Is Sedov's actions an offense? If so, is it possible to bring him to administrative responsibility? Justify your answer. The actions of Yegor Sedov are an administrative offense, t.to. violated the rules of the road and created emergency situation. It is impossible to bring to administrative responsibility a teenager by virtue of Art. 2.3. Code of Administrative Offenses of the Russian Federation "A person who has reached the age of sixteen years by the time the administrative offense is committed is subject to administrative responsibility."
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Which of the following actions are an administrative offense (A), and which are a crime (B)? 1) breaking the rules fire safety 2) tax evasion 3) obscene language 4) drawing on walls 5) theft of personal property of citizens A 134 B 25
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Analyze from the point of view of the current Russian legislation situation and answer the questions. There was a car parked on the playground. Children, playing, crushed the fender of the car with the ball. The owner of the car presented his parents with a bill for the repair of the car. Are his actions legal? Why? The owner of the car is wrong. Driver violated parking rules Vehicle, put himself in a situation that contributed to the appearance of property damage (Article 12.19 of the Code of Administrative Offenses of the Russian Federation - violation of the rules for stopping or parking vehicles). In accordance with Article 1083 of the Civil Code of the Russian Federation, damage caused by the intent of the victim is not subject to compensation.
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Three friends decided to create their own atelier: they bought equipment, fabrics, threads, buttons, etc. Assuming that at first the amount of work would be small, the friends decided not to register their entrepreneurial activity. What code defines liability for this offense? Specify two arguments justifying the illegal nature of this misconduct. Answer: 1. code - administrative (CAO RF) 2. arguments: a) for unregistered commercial activities, there is no information about the manufacturer of the goods; b) an unregistered commercial enterprise is not a legal entity, therefore it does not have the right to carry out its activities.
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Before the New Year, citizen K. arbitrarily cut down a fir tree in the forest and donated it to an orphanage. Are the actions of citizen K. an offense? On what basis did you determine this? Articles of which code govern these legal relations? Answer: statement: the actions of citizen K. are an offense; reason: violation of the spruce felling rule, according to which a permit for felling is required; code: Code of Administrative Offenses of the Russian Federation.
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Are the following statements correct? A) Human inaction cannot be legal fact because it can't do any harm. B) Lawful actions comply with the requirements of the law. Only A is correct Only B is correct Both statements are correct Both statements are incorrect Answer: 2
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Analyze the following situation from the point of view of the current Russian legislation and answer the questions. 16-year-old Pavel G. invited his 15-year-old friends Nikolay P., Andrey S. and Aleksey I. to the park of culture and recreation. There they drank the alcoholic drinks brought by Paul. After that, ignoring the warnings of citizens walking in the park, they began to use obscene words and insult people who made comments to them. The police squad delivered them to the department and drew up a protocol, indicating that they violated public order and peace of mind of citizens. 1) What offense did the guys commit? 2) What type of liability does this offense include? 3) Will the punishment be the same for everyone? Answer: 1) Offenses - petty hooliganism and drinking alcohol in public place. 2) Administrative responsibility. 3) The punishment will be different. Pavel G. (16 years old) will be fully responsible, as he has reached the age of administrative responsibility.
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Make a complex plan for a detailed answer on the topic “Peculiarities of administrative jurisdiction” PLAN The concept of administrative jurisdiction in the Code of Administrative Offenses of the Russian Federation. Bodies considering cases of administrative offenses: a) courts general jurisdiction; b) commissions on juvenile affairs; c) administrative commissions; d) bodies of the Ministry of Internal Affairs, etc. 3. Subjects of administrative responsibility: a) citizens from 16 years of age; b) officials; c) legal entities 4. The main participants in the proceedings on cases of administrative offenses: a) the body considering the case; b) the offender; c) the victim; d) witnesses, experts, witnesses, translators. 5. Types of administrative penalties.
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Topic 1. Administrative law as a branch of law. Content Subject of administrative law Method of administrative law Administrative legal relations Norms of administrative law Structure of administrative law Place of administrative law in the system of branches of law
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2. Method of administrative law The concept of branch method legal regulation. "classical theory" A.Ya. Vyshinsky: imperative and dispositive method the theory of the "single method" V.D. Sorokina: prescription, prohibition and permission as universal general legal methods, the theory of the “regime of legal regulation” S.S. Alekseeva: a method is a set of principles and presumptions The method of administrative law should be distinguished from administrative methods or methods of exercising the powers of state administration.
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2. Method of administrative law Features of the administrative-legal method: 1. The participants in the legal relationship are legally unequal. 2. Administrative legal relations most often arise regardless of the will of their participants. 3. The content of the legal relationship (the rights and obligations of the parties) do not depend on the will of their participants. 4. Sanctions are in the nature of punitive responsibility to the state.
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2. Method of administrative law Models of administrative law: Closed model of admin. rights - the desire for maximum efficiency of public administration. The goals of the administration's activity are determined by the political elite, do not lie in the sphere of legal regulation and are not controlled by the courts Open model of adm. rights – normative-legal (constitutional) goal-setting as general principle legal regulation
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2. The method of administrative law Requirements for the mechanism of administrative and legal regulation: the norms of administrative law must exhaustively determine the limits and grounds for the powers of state bodies; the discretion of the authorities should not imply the possibility of expanding the intervention or imposing additional burdens on individuals; application of administrative-legal norms by analogy is unacceptable.
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3. Administrative legal relations Signs of administrative legal relations the composition of the participants in these relations: one of the participants represents the state; the content of the legal relationship: the implementation of the public law functions of the state. In the actions of a person acting on behalf of the state, the public interest is realized, requiring submission to him. This interest predetermines the unequal position of the parties
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3. Administrative legal relations The basis for the emergence of an administrative legal relationship is a complex legal structure (1) substantive legal basis - events or actions (legitimate or illegal), (2) formal legal basis - the commission of actions that legally consolidate (stating) the onset of a substantive legal basis .
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3. Administrative legal relations Subjects of administrative legal relations state bodies officials and employees, state organizations(institutions and enterprises), individuals - citizens (citizens of the Russian Federation, foreigners and stateless persons), collective associations of citizens - public associations (including those without the status of a legal entity), commercial and non-profit organizations. Object of administrative legal relationship - implementation state functions, namely the protection of public, public interest and ensuring the interests of individuals.
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3. Administrative legal relations The content of the administrative legal relationship A.I. Elistratov: “The moment of duty or obligation keeps in public law dominating value." For the domineering side edition administrative orders does not act like subjective right(which can be exercised at one’s discretion), but as a public law authority, it is both a right and an obligation to defend public interests. For a private person, the realization of his legal possibilities also becomes not only a right, but also an obligation. Only in rare cases does administrative law remain dispositive.
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3. Administrative legal relations Types of administrative legal relations I. According to the composition of subjects: 1) between state bodies, depending on the subordination of bodies, subordinate and coordinating relations. 2) between officials and employees of one state body. relations are connected with the organization of the work of a state body and are of a service nature. 3) between state bodies and state institutions subordinate to them and state unitary enterprises. 4) between state bodies and private individuals (citizens and organizations), as well as with state institutions and state unitary enterprises that are not subordinate to these bodies. 5) Relations between state institutions and private individuals (citizens and organizations). Such relations may also be of a civil law nature if they are based on the conclusion of an agreement.
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3. Administrative legal relations II. According to the goal pursued by a powerful subject when entering into a legal relationship, regulatory and protective relations. III. By the nature of the power impact of the relationship of state bodies and public institutions with private individuals can be authoritative-coercive and providing.
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4. Rules of administrative law Rules of administrative law define: the status of participants in administrative legal relations (competence of public authorities, forms and procedures for the exercise of power) forms of control over the activities of bodies and officials of the state administration procedure for protecting the rights of individuals from unlawful, including unreasonable interference from government agencies
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4. Norms of administrative law civil law) and prohibition (characteristic of criminal law) - see Sorokin V.D. Selected works. SPb., 2005. P.401. Most often, an administrative-legal norm contains a legal obligation for participants in administrative legal relations. The exception is the protective administrative norms that establish a ban.
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4. Norms of administrative law Types of administrative and legal norms: regulatory and protective substantive and procedural, etc.
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Principles of administrative law 1. Priority of the rights and freedoms of man and citizen over other social values and the direct effect of rights and freedoms (Articles 2 and 18 of the Constitution of the Russian Federation). The implementation of the coercive powers of state bodies must be justified, necessary and proportionate 2. The principle of equality before the law. The public administration should be based on the principle of formal equality: in the same cases, apply the same norms of the law and interpret them in the same sense.
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Principles of administrative law 3. The principle of separation of powers (Article 10 of the Constitution of the Russian Federation) implies the division of functions and independence of the competence of legislative, executive and judiciary: limitation of rule-making and jurisdiction of the executive branch, as well as the sub-legislative nature of its activities. 4. The principle of legality - formal compliance with the powers arising from the law and compliance in content with those goals and principles that are established by law.
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Principles of administrative law 5. The principle of judicial control over administrative activities: Actions and decisions of bodies and officials of the state administration can be checked from the point of view of their formal legality and validity, although not from the point of view of their expediency (Decree Constitutional Court RF dated July 16, 2004 No. 14-P). Judicial control for the jurisdictional activities of the state administration: a guarantee of judicial review of administrative actions must be provided (Decree of the Constitutional Court of the Russian Federation of July 30, 2001 No. 13-P, clause 5 of the motivational part).
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Principles of administrative law 6. The principle of unity of the system of state power. Federal authorities executive authorities and executive authorities of the constituent entities of the Russian Federation on subjects of exclusive jurisdiction of the Russian Federation and within the powers of federal bodies on subjects of joint jurisdiction constitute single system executive power (Article 77 of the Constitution of the Russian Federation).
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Principles of administrative law 7. In the economic sphere, the principles of promoting competition and freedom of economic activity for individuals. The state administration can carry out this or that activity only if it is necessary to protect public interests, in areas limited by law (general prohibition principle), and for private individuals, on the contrary, restrictions on their freedom can be established as an exception - to protect constitutionally significant values (generally permissible principle).
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5. The structure of administrative law The structure of the Soviet science of administrative law: a common part: general issues(concept and nature of public administration), participants administrative relations, forms and methods of public administration, legality and discipline in management. Special part: administrative-political sphere, socio-cultural sphere, economic sphere.
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5. The structure of administrative law General part: - the theory of administrative legal relations - the concept and features legal status subjects of administrative legal relations, - the system and structure of executive authorities, - the doctrine of administrative action, - rules of the administrative process, - types of activities of executive authorities, - control over the activities of state bodies.
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6. The place of administrative law in the system of branches of law The ratio of administrative and constitutional law: constitutional and legal relations are formed between an individual and the state as a whole, and administrative and legal - between an individual and a separate state body (except courts). within the system of state bodies, constitutional and legal relations arise between higher authorities states, administrative - either in the system administrative bodies(mainly in the executive branch) and within individual state bodies.
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6. The place of administrative law in the system of branches of law Correlation between administrative and civil law: see Cherepakhin B.B. To the question of private and public law // X sb. works of professors and teachers of the Irkutsk state. university Irkutsk, 1926. theory of interest ("publicum jus est quod ad statum rei romanae spectat, privatum quod ad singu lorum utilitatem"). theory of subjects theory of regulation method The Anglo-Saxon system does not imply autonomy of legal regulation; in the states of the continental legal family (Germany, France), on the contrary, the spread of private law norms to state bodies is excluded.
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Administrative Law of the Russian Federation Belov Sergey Alexandrovich, Ph.D. in Law, Associate Professor of the Department of State and Administrative Law [email protected]
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Sources
Constitution of the Russian Federation Federal constitutional laws Laws of the constituent entities of the Russian Federation and by-laws
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The term "administration" comes from the Latin language and means "management". Therefore, administrative law is sometimes defined as the right to govern. One of the important tasks of administrative law is the regulation of relations in the field of public administration. At the same time, administrative law regulates relations that develop in the sphere of regulation of public order, life, rights and freedoms of citizens. Administrative and legal regulation is carried out primarily with the help of such methods as "observation", "supervision", "control".
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Relations regulated by administrative law are divided into three groups:
1. Relations within the state apparatus. 2. Relations between executive authorities and citizens. 3. Relations between citizens.
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1. Relations within the state apparatus
These relationships can be defined as relationships of subordination and. coordination (subordination and coordination) existing in any administrative apparatus, including the state. These norms (administrative) fix the structure of the executive authorities of the state, the competence of individual divisions of this structure, the relationship of officials, the forms and methods of internal work.
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2. Relations between executive authorities and citizens.
This type of relationship is the most common, since there are the closest and fairly regular contacts between executive authorities, such as, for example, social security, district, traffic police, etc., and citizens.
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3. Relations between citizens.
These relations are predominantly formed in the sphere of public law and order. Since the state is not ubiquitous, the law provides citizens with the opportunity to independently regulate relationships with respect for each of the rights and interests of the other.
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In administrative and legal activities, the executive power as a branch of state power always dominates.
Externally, the executive power is represented by a system of government bodies, which include: the Government of the Russian Federation and the governments of the republics, government bodies of other subjects of the Russian Federation.
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In administrative law, there are concepts of an administrative offense and administrative responsibility.
Administrative offense is infringing on the public or public order, state or personal property, illegal action or inaction, for which the law provides for administrative liability.
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Administrative responsibility and its types
1. Warning. It is applied for the commission of minor offenses in relation to persons who have a good reputation at home and at work. The warning is issued by a written decision of the relevant state body.
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2. Fine. It is the most typical measure of administrative penalty. According to general rule, a fine from offenders is collected in the amount of one tenth of the minimum monthly wage established by the legislation of the Russian Federation at the time of the misconduct.
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3. Compensatory seizure of the subject of the commission administrative offense, the content of which consists in its forced withdrawal, sale and transfer of the amount sold minus overhead costs.
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4. Confiscation of the subject matter of an administrative offense consists in the forced and uncompensated transfer of this subject to the ownership of the state.
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5. Deprivation special rights granted to a specific citizen, for example, the right to drive a car for a period of 15 days to 3 years for a systematic violation of the procedure for using this right.
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6. Correctional labor, which are applied for a period of 15 days to two months with a deduction of up to 20% wages to state revenue. Such punishment is imposed exclusively by the people's court.
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7. In exceptional cases, an administrative arrest may be imposed (mainly for petty hooliganism) for up to 15 days. Administrative arrest does not apply to pregnant women, women with children under 12 years of age, to persons under 18 years of age, and to disabled people of groups I and II.
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Authorized government bodies (administrations) have the right to impose administrative penalties.
These bodies, related to the structure of administrations, include: a) various administrative commissions; b) police authorities; c) various supervisory and inspection bodies (traffic police, fish supervision, fire department etc.). In some cases, administrative penalties may be imposed by people's courts for committing petty hooliganism or petty theft.
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Tasks:
1. Do you agree with the following statement? Legislature- the heart of the state, the executive power - its brain. J.–J. Rousseau, French philosopher. 2. List the authorities that have the right to apply measures administrative coercion. 3. At what age is it possible to bring to administrative responsibility? 4. Make a list of objects protected by administrative law. 5. Make a list of types of administrative penalties.
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6. Make a statement to the police about the violation of your rights or legitimate interests. 7. Make an explanation to the district inspector about the complaint against you. 8. Make an application to the passport office with a request to issue a passport of a Russian citizen. 9. Describe the most frequently committed administrative offenses by minors. 10. What are the reasons for the violation by minors administrative legislation. What measures can be taken to prevent these offences?
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Administrative law
Regulates relations in the field of public administration. Includes rules for the organization of state bodies, explains the duties and rights of these bodies, ensures the observance and protection of public order
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Implemented
Protection of the individual, rights and freedoms of a citizen, protection of the health of citizens, sanitary well-being population, protection of public morality, environmental protection, the established procedure for the implementation of state power, public order and public safety, property, protection of legitimate interests, individuals and legal entities, society and the state, prevention of administrative offenses.
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Public administration
Methods: persuasion and coercion.
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Measures of administrative coercion
Measures of administrative warning Measures of administrative punishment Measures of administrative restraint Restorative measures Administrative measures of procedural support
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Administrative legal relations
Intra-apparatus Intra-organizational in the executive branch __________________________ Relations of executive authorities with subordinate organizations, Relations of administrations of organizations with their employees. Relationships of executive authorities with citizens, legal entities, the state executive bodies authorities on subjects not included in the system of executive power ______________________ Relations with citizens Relations with public associations Relations with firms
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Subjects
Federal bodies of executive power Territorial bodies of executive power Mutual relations are built on the basis of relations of power and subordination.
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