Administrative law - the industry of Russian law. Communication with other industries

With all that each individual is trying to realize their daily interests, living in society, together they need to coordinate their heterogeneous interests and achieve common and group purposes. This necessitates the need to streamline the interaction of individuals. Obviously, any, even the most primitive society needs to manage. To do this, it is necessary to clearly represent who, what and how should it. Formulating the goals and organizing the process to achieve them, inside each community should organize and regulate the behavior and activities of each of its participants. Consequently, management can be viewed as a set of control influences of people on their own public, collective and group vital activity. On the basis of the state, the Office represents the power organizing and regulatory impact of the state and its bodies on the public life activity of people in order to streamline it, save or transformation. This is carried out through the functions of regulation, manual, control, coordination, planning, accounting, forecasting, rule-making, etc.

The stability of the state as a political form of society, its sovereignty and integrity are largely determined by the effectiveness of the power component of the state apparatus located directly in the executive system.

Everything, taken together, confirms the fact that the executive bodies of the authorities are most objectively and closely related to the vital activity of society, citizens, feel their needs, interests and goals, directly face their aspirations and hopes, ideals and values, will and specific behavior. By virtue of this, it is through it a constant and active interaction between the state and society.

In order for the executive impact, in particular execution adopted laws, Compliance and protection of human rights and freedoms, the creation of conditions for the development of socio-economic and cultural spheres of society, ensuring the welfare of citizens and respect for the rule of law, was carried out under the law, it is necessary to severely regulate the activities of the executive bodies through the norms of administrative law.

Subject, method and administrative law system

Thus, administrative law is a combination of legal norms regulating public relations arising in the process of implementing the imperative activities and the implementation of public administration. These relations cover the process of the formation of the structures of the authorities, the establishment of their competence and the implementation of this competence in the powers of a specific executive authority at all levels of government.

1) Relationship inside the system executive bodies authorities, organization of public service, form and methods of management actions, i.e. intra-appliances;

2) the relationship between the executive authorities, the executive bodies of local self-government with enterprises, institutions and citizens, in other words - extra-preparation relations. The core of the subject of administrative law is the system of relations between citizens and their organizations and bodies of state and municipal management and their officials. An example of such relations can be the relationship between the pensioner and the employees of the social security department, between the driver and the traffic police inspector (GAI), between the participants of foreign economic activity and officials of the customs authorities;

3) Relationships arising from implementation.

Method legal regulation The administrative right is the method of power regulations, i.e. The imperative method prescribing strict compliance with the requirements set out in the administrative and legal norm. It is characterized by the state of subordination of the one party (citizen) will of the other party (official), their legal inequality, the obligation of execution and the absence of the possibility of choice.

Administrative legal regulation of power relations (relations of domination and subordination) ensures the introduction of democratic principles in the field of administration, which are expressed in control over the activities of the public administration authorities, in the right of citizens to appeal unlawful actions officials, In the presence of democratic procedures in the formation of a public administration (contests, contracts for hiring to civil service, etc.). Consequently, the dominance of the imperative administrative and legal method in the conditions of expanding democracy is complemented by the dispositive method (civil-law), which provides for the coordination of interests on the basis of contracts, recommendations, competitions. However, the legal inequality of the parties due to various roles, the objectives of the subjects of the administrative legal relationship Initially implies the predominance of one will over another, subordination of one person to another. Therefore, in the system of management administrative relations, the relations of domination and submission characterize the relationship between state bodies and officials with citizens or lower organs. Along with this Codex of the Russian Federation on obliges citizens to regulate the relationship in in public places Alone in compliance with and respect for the rights and freedoms of each other.

Administrative law - This is a holistic system of norms, principles, institutions intended to create the conditions for the effective activities of the executive power, ensuring democratic began in the functioning of civil servants. However, the main task of administrative law is the guarantee of the rights and freedoms of citizens in the field government controlled, protection of them from possible restriction and arbitrariness by state bodies and officials. The administrative law system is divided into a common part (a set of norms and general principles governing administrative proceedings) and a special part (a set of norms operating in certain areas of public administration activities: in the field of the safety of citizens, organizational and economic sector, customs, management, protection State border, etc.).

Sources of administrative law

The most important subject of administrative law is the state administration as a system of state executive bodies and a set of civil servants. Authorities and employees carry out power management activities for the execution of laws, acts of justice, the implementation of administrative proceedings. The state executive bodies are created and operated on behalf of the state and on behalf of the state, they fulfill its functions, managed by the state. These include the apparatus of legislative, executive, judicial and control bodies, as well as state enterprises and institutions.

Non-state organizations are trade unions, political parties, creative unions, commercial associations - carry out group and individual interests of citizens and act independently of the state.

It should be noted that for the first time administrative right establishes not only physical, but also legal entities.

The main institutions of administrative law

The essence and composition of the administrative offense

The administrative offense is characterized by the following features:

• administrative offense is an act in the form of action or inaction, directed against the state or public order (for example, the transition of the street to a red light signal);
• public Humanity of Acts - Administrative Office Harms Organization public Life In its various spheres, encroaches the interests of society and the state: state and public order, property, rights and freedom of citizens;
• anti-paragraph: Administrative misconduct is an action or inaction that has an illegal nature, i.e. Characterized by violation of prohibitions, non-performance of responsibilities established by the norm of law. Consequently, the administrative offense is directed against the laws protected by the law, public, state interests, inflicts them physical, property, moral damage;
• guilt in the form of intent or negligence. The administrative offense is recognized as perfect intentionally, if the person who committed him, was aware of the unlawful nature of his action (inaction), foresaw his harmful consequences and descended the onset of such consequences or consciously allowed them or relate to them indifferently. The administrative offense is recognized as perfect by negligence, if the person who committed it, foreseen the possibility of the harmful consequences of his action (inaction), but without sufficient reason, the foundations arrogantly expedited to prevent such consequences or did not foresee the possibility of the onset of such consequences, although it was necessary and could forecom
• cancer in the form administrative responsibilitywhich comes over the offenses if they do not entail in their nature in accordance with the current legislation of criminal liability. This is due to the fact that most of the signs of an administrative offense coincides with the signs of a crime.

Administrative responsibility: the concept, grounds and order of imposition

The basis for the imposition of administrative responsibility is the presence of an administrative offense in the actions of the physical and legal entity: the set of signs established by the right, in the presence of which a particular act is an administrative offense. For example, the procurement without a child's ticket in a suburban train (his passage is subject to partial payment) is an administrative offense committed by the accompanying person.

The elements of the composition of the administrative offense include:

1) Object - public relations settled by the norms of law and protected by administrative responsibility measures. For example, according to Art. 5.26 of the Code of Code of the Russian Federation as an offense object is the right of citizens to freedom of conscience and religion;

2) The objective side is a set of signs characterizing misconduct as an act of external behavior of the offender and includes unlawful effects or inaction, as well as harmful effects. So, the driver's violation of the rules road expressed in exceeding set speed movement, and the consequence of this can be the creation emergency situation (Art. 12 of the Administrative Code of the Russian Federation);

3) Subject - individuals and legal entities. At the same time, individuals are subject to administrative responsibility if they have reached 16 years. Legislation distinguishes general entities - any behavisors who have reached 16 years, special subjects - officials, drivers and minors, etc., special subjects - military personnel, law enforcement officers, on which the operation of disciplinary statutes and service provisions are applied;

4) subjective side - the mental attitude of the face to illegal action or inaction. A mandatory sign of the subjective side is wine. The fault is two forms - in the form of intent and in the form of negligence. In the new COAR RF, the guilt of a legal entity is recognized (Art. 2.1). However, most often in the articles of the COAP of the Russian Federation1 are not marked, since the response comes regardless of the form of guilt. Therefore, administrative offenses in the overwhelming majority have a formal composition that does not provide for the occurrence of harmful effects. In the COAP of the Russian Federation there are many offenses with the material composition that include the mandatory attack of harmful consequences.

Administrative punishments: concept and varieties

Eight administrative penalties can be established for committing administrative offenses:

1. warning is the censure of a physical / legal entity, expressed in writing;
2. an administrative penalty is monetary due to a physical / legal person who committed an offense. An administrative penalty can be expressed in magnitude, multiple minimum wage; the cost of the subject of the administrative offense; the amount of unpaid taxes; Fees payable. The fine size cannot be less than 1/10 minimum wage, but not exceed 25 minimum wage for citizens, 50 minimum wages for officials and 1000 minimum legal entities;
3. the compensated removal of the instrument of the commission or subject of administrative offense and the subsequent implementation with the transfer of the former owner of the revenue amount less expented the expenditures for the realization of the seized subject;
4. confiscation of the instrument of the commission or the subject of the administrative offense;
5. deprivation of special law granted to the physical face. Detention period of special law (hunting rights, right to management vehicle) There may be no less than one month or more than two years;
6. administrative arrest - the content of the violator in conditions of isolation from society for up to 15 days, and for violation of the state of emergency - 30 days. The arrest does not apply to the four categories of persons: pregnant women; Women who have children under the age of 14; juvenile and disabled 1st, 2nd groups;
7. administrative expulsion outside the Russian Federation of a foreign citizen or stateless person;
8. disqualification - imprisonment of the right to hold a leadership position in the executive body of management, enterprises, carry out entrepreneurial activities, etc. Disqualification is set for a period of six months to three years.

Warning, an administrative penalty, deprivation of special rights granted to an individual, administrative arrest and disqualification can be applied only as the main administrative penalties. The compensated removal of the instrument of the commission or the subject of the administrative offense, the confiscation of the instrument of the commission or the subject of the administrative offense, as well as the administrative expulsion outside the Russian Federation foreign citizen or stateless persons can be installed as both the main and additional administrative punishment.

It should be noted that the appointment of six of the eight Code of Administrative Code of the Russian Federation is in jurisdiction of judges (compensated withdrawal of the instrument or subject of administrative offense, disqualification, administrative expulsion outside the Russian Federation of a foreign citizen or stateless person, administrative arrest, confiscation of the instrument of the commission or subject of administrative offense , deprivation of special law granted to the physical person). IN administrative order It is allowed to apply: warning, penalty and in some cases administrative expulsion.

Appointment of administrative punishment

The decision on the case of an administrative offense should be issued within two months from the date of committing or detecting an offense (except for cases specifically stipulated in the law). If this period is passed, no one has the right to extend it. Administrative punishment cannot be appointed twice for the same offense.

Disputes of property nature (about compensation for material or moral damage) arising simultaneously with a perfect offense are permitted in the order of civil proceedings. The appointment of administrative punishment does not relieve the person from the performance of the obligation, for the failure to comply with administrative punishment.

New Code of the Russian Federation on administrative offenses Introduces such a thing as a defender. A lawyer or other person can act as a defender. Thereby expands the possibilities of victims to protect their interests. The defender is allowed to participate in the proceedings in the case of an administrative offense since drawing up a protocol on an administrative offense.

The 1st stage is the initiation of an administrative offense case. ORDERS TO ACCOUNT AFTRIMENTS: a) direct detection authorized person Events of an administrative offense (for example, autoavarium) or b) materials that entered the law enforcement agencies containing data on the availability of an administrative offense event.

The case is considered to be initiated from the moment the protocol on the administrative offense or the prosecutor's decision on the initiation of an administrative offense case (Article 24.8 of the Administrative Code of the Russian Federation). If the offense is prescribed a sentence in the form of a warning or an administrative fine within one minimum wage, then the Protocol's official is not a penalty, and the penalty charges at the place of the misconduct;

2nd stage - consideration of an administrative offense case, according to which administrative investigation. It is considered at the place of its execution within 15 days from the date of receipt by a judge or an official. According to the results of the consideration of an administrative offense case, a resolution may be issued: 1) on the appointment of administrative punishment; 2) on the termination of the proceedings on the case of an administrative offense;

The 3rd stage is the revision of decisions and decisions on administrative offenses. The decision of the judge, an authorized body or an official in the case of an administrative offense may be appealed to a higher authority within ten days after receiving the court order or an official. In the same period, the complaint should be considered;

4th stage - execution of decisions on administrative offenses. The decision on the administrative offense case enters into legal force after the expiration of the appeal or immediately after making a decision not to be appealing.

Institute of Public Service in the Russian Federation

Public service system

1. federal State Service;
2. state Service of the constituent entities of the Russian Federation.

The Federal State Service is a professional official activity of citizens to ensure the execution of authority Russian Federation, as well as the powers of federal state bodies and persons replacing public positions of the Russian Federation. Federal Law "On System public service Of the Russian Federation "allocates the following types of civil service: 1) state civilian service; 2) military service; 3) law enforcement service. Public service posts are divided into public civil service posts (Federal State Civil Service and State Civil Service of the Directory of the Russian Federation), military posts, law enforcement posts,

The State Civil Service is a service activities aimed at ensuring authority authority that exercise state-managerial functions to resolve economic and social problems. Their work is related to the implementation of actions and the adoption of security decisions. It is a professional official activity of citizens who occupy the posts of civil service to ensure the fulfillment of the powers of federal state bodies, state bodies of the subjects of the Russian Federation, persons replacing the state positions of the Russian Federation and its subjects.

Under military service means the type of federal public service, which is a professional official activity of citizens on military posts In the Armed Forces of the Russian Federation, other troops, military (special) formations and bodies performing functions to ensure the defense and security of the state, which are assigned military ranks. Military service is carried out: in the Armed Forces of the Russian Federation; in the internal troops of the Ministry of Internal Affairs of Russia; in railway troops; in the FSB bodies of Russia, border troops; in military formations of the Ministry of Emergency Situations of Russia; In other military formations. Military service is completed not only on a voluntary basis, but also on the basis of the call. According to this criterion, military service is divided into two types: a contract service and call service.

By law enforcement service refers to the type of federal civil service, which is a professional official activity of citizens in the positions of law enforcement service in government bodies, services and institutions engaged in ensuring safety, legality and law enforcement, the fight against crime, protect the rights and freedoms of a person and a citizen who Special titles and cool ranks are assigned. Law enforcement Exercise employees: the bodies of the imgrantic cases (militia); customs authorities; bodies of the Ministry of the Russian Federation for Affairs civil Defense, emergency situations and eliminate disaster consequences; organs Federal Service RF control of drug trafficking and psychotropic substances; Services bailiffs and the criminal executive system of the Ministry of Justice of the Russian Federation; State Feldgerer service of the Russian Federation.

Thus, military service and law enforcement service are the species of only the federal public service.

By making changes and additions to the Federal Law "On the State Service System of the Russian Federation", other types of federal civil service can be established. The constituent entity of the Russian Federation organizes the state civil service of the subject of the Russian Federation.

Coordination of activities for the implementation of the tasks of civil service is carried out by the Council on State Service under the President of the Russian Federation. This Council consists of an equal number of representatives of the President of the Russian Federation, the Chambers of the Federal Assembly, the Government of the Russian Federation, supreme Organs The judiciary of the Russian Federation.

The Council is endowed with quite broad powers on the improvement of civil service:

• analyzes the state and efficiency of public service in government bodies; coordinates the development of projects for regulatory acts on the organization of civil service;
• organizes together with the relevant government agencies work on the formation of competitive (state competitive) commissions, certification and state qualification exams;
• informs citizens about holding a competition for vacancies state posts civil service;
• coordinates the methodological work of the authorities on the issues of domestic service and personnel services government agencies;
• develops proposals for the formation of the register of state posts in the Russian Federation and introducing changes to it; leads Federal registry civil servants;
• methodical guidance on professional training, retraining (retraining) and advanced training of civil servants, as well as the formation of a reserve for nomination to higher public service posts.

The state-owned authorities of the constituent entities of the Russian Federation are created in accordance with the laws of the constituent entities of the Russian Federation.

The basic principles of the organization and functioning of the system of public service

The organization and operation of the public service in the Russian Federation rely on the system of principles, i.e. Fundamental ideas, establishment expressing objective trends and scientifically based directions for the effective implementation of the competence, tasks and functions of state bodies, powers of civil servants. The principles of modern civil service are enshrined in the Federal Law "On the Fundamentals of the State Service of the Russian Federation" and in the Federal Law "On the System of the State Service of the Russian Federation". Two groups of public administration principles can be distinguished: constitutional and organizational.

Another feature of the legal establishment of the principles of civil service is the availability of basic and other (other) principles of civil service. Article 3 of the Federal Law "On System of the State Service of the Russian Federation" regulates only the basic principles, indicating that federal laws on civil service can also provide for other principles for the construction and operation of civil service that will take into account their features. The implementation of the principles of construction and functioning of the system of civil service is ensured by federal laws on the types of public service.

Constitutional principles of civil service are formulated in the norms of the Constitution of the Russian Federation.

1. The principle of the rule of the Constitution of the Russian Federation and federal laws over other regulatory legal acts, job descriptions in the performance of civil servants official duties and ensuring their rights.

4. The principle of separation of legislative, executive and judicial authorities. The main content of this principle is to create civil service in all branches of the branches of the Russian state power. In other words, the posts of civil service are established in the legislative, executive and judicial branches of the government, since the state power itself in the Russian Federation is divided into legislative, executive and judicial.

5. The principle of equal access of citizens to the public service in accordance with the abilities and vocational training. It means an equal right of citizens to occupy any public position in accordance with its abilities and training without any discrimination.

6. The principle of non-parity of the public service, separating religious associations from the state. The state bodies cannot form the structures of political parties, religious, public associations, with the exception of trade unions. Government employees are guided by the legislation of the Russian Federation and are not related to the execution of official duties with solutions of parties, political movements and other public associations.

Organizational principles specify constitutional provisions and reflect the mechanism for the construction and functioning of public service, state apparatus and its links, separation of managerial labor, ensuring effective administrative activities in state bodies.

1. The principle of commitment for civil servants decisions taken by higher government agencies and managers within their powers and in accordance with the legislation of the Russian Federation. The other name is the principle of controlling and accountability of state bodies and the activities of civil servants.

2. The principle of unity of the basic requirements for public service. According to this principle, the requirements of both civil service and a civil servant must be united.

3. The principle of professionalism and competence of civil servants.

4. The principle of publicity in the implementation of the civil service. This means the openness of the public service and its accessibility to public control, objective informing of the Company on the activities of civil servants.

5. The principle of responsibility of civil servants for prepared and decisions, non-performance or improper execution Official duties.

6. The principle of stability of civil servants in government bodies. As it seems to us, it would be more correctly to talk about the incommensitability of civil servants and continuity in conducting state personnel policies, in the formation of the foundations of the state apparatus.

7. The principle of the relationship of the state and municipal service. The legislator emphasizes that the state and municipal service are species of a single public service, have similar legal regulation in many features, the same practical significance for society. Therefore, their development should occur in relationships.

8. Principle of protection of civil servants from unlawful interference in their professional official activities of both government agencies and officials and individuals and legal entities.

Legal status of a civil servant

Initially, we will negate that a civil servant is a citizen of the Russian Federation, which occupies the procedure for the state administration in accordance with the state administration (executive, legislative and judicial authorities established by the Federal Law and the legislation of the Federation (executive, legislative and judicial authorities), having a qualification category (special title, rank, chin, degree Class), which concluded an employment contract with the state body (taking the oath to the loyalty of the Russian Federation), which, on behalf of the state, the powerful functions provided to him and the authority receiving monetary content (wages) and having a state-guaranteed socio-legal status.

As the main element legal status The civil servant discloses the democratism of the civil service and causes its effective functioning, the rights of a civil servant who can be divided into three groups:

1. the rights associated with the understanding of employees of their legal status and providing it legist protection;
2. rights contributing to the direct performance of official duties;
3. the rights contributing to strengthening the official activity of the civil servant, the implementation of the constitutional rights and freedoms belonging to him and ensure social guarantees of the employee.

The first group of rights of the civil servant includes:

a) familiarization with documents that determine his rights and obligations for the position of public service, the criteria for assessing the quality of work and the conditions for promoting the service, as well as the organizational and technical conditions necessary to fulfill their official duties;
b) familiarization with all the materials of his personal case, reviews about their activities and other documents before making them in a personal case, attachment to the personal cause of their explanations;
c) holding a service investigation on its demand to refute the information that flashes his honor and dignity;
d) the right to appeal to the civil servant to the relevant state bodies or to the court to resolve disputes related to the public service.

The second group of rights of the civil servant includes:

a) obtaining in the prescribed manner of information and materials necessary for the performance of official duties;
b) visit in the prescribed manner for the execution of official duties of enterprises, institutions and organizations regardless of the forms of ownership;
c) decision-making and participation in their preparation in accordance with official duties;
d) retraining (retraining) and advanced training at the expense of the relevant budget;
e) making proposals for improving civil service to any instance;
e) the right to carry the uniform clothing of the established sample (in the respective state bodies).

The third group of the rights of the civil servant is:

a) participation on its initiative in the competition for filling vacant position;
b) promotion, an increase in monetary content, taking into account the results and experience of its work, level of qualifications;
in) pension provision taking into account the experience of civil service;
d) Association to Professional Unions (Associations) to protect their rights, socio-economic and professional interests;
e) the right to monetary content consisting of an official salary, allowances for a qualifying discharge, special conditions of civil service, years of service, as well as awards for the results of work;
(e) The right to an annual paid vacation duration of at least 30 calendar days. For some categories civil servants by federal laws and laws of the subjects of the Russian Federation establishes an annual paid vacation of greater duration;
g) the right to inclusion in the emergency service of civil servant of other periods of labor activities;
h) medical service civil servant and members of his family, including after his retirement;
and) compulsory public insurance in case of harm to health and property in connection with the execution of official duties;
K) compulsory state social insurance in case of the disease or disability during the period of consumer services.

The duties of the civil servant characterize the essence of his office activityFor the state (state authority) takes a citizen mainly in order to lay appropriate duties on it. Failure or improper performance by civil servants, as well as violations of the rules established administrative procedures, are grounds for their conflicts with citizens.

The list of main responsibilities of the civil servant includes:

1. ensuring support for the constitutional system and compliance with the Constitution of the Russian Federation, the implementation of federal laws and laws of the constituent entities of the Russian Federation, including the regulators of its powers;
2. conscientious performance of official duties; compliance with the rules of internal regulations established in the state body, the procedure for handling service information; performance official instructions;
3. ensuring compliance and protection of the rights and legitimate interests of citizens;
4. execution of orders, orders and instructions of supervisors in the order of subordination of managers given within their official authority, with the exception of knowingly illegal;
5. maintaining the level of qualifications sufficient to fulfill their job duties;
6. compliance with the norms of service ethics;
7. storage of state secrets and other secrets protected by law, as well as non-disclosure by the well-known civil servant in connection with the execution of their official duties of information affecting private life, honor and dignity of citizens;
8. timely consideration within its official duties of the appeals of citizens and public associations, as well as enterprises, institutions and organizations, state bodies and bodies of local self-government and the adoption of solutions on them in the manner prescribed by federal laws and the laws of the constituent entities of the Russian Federation.

For civil servants, special restrictions and prohibitions are established.

1. A public servant is not entitled to engage in other paid activities, except for pedagogical, scientific and other creative activities. The state employee is obliged to completely devote himself to the public service, which ensures its effectiveness.

2. The public servant is not entitled to occupy another position, to be a deputy of the legislative (representative) authority of the Russian Federation, legislative (representative) bodies of the subjects of the Russian Federation, local governments. This prohibition is due to the requirement from the state employee of the complete self-dedication, staying in the service constantly throughout the service time.

3. Government officials have the right to engage in scientific, teaching and other creative activities. However, they are not entitled to receive fees for publishing and performing as a civil servant, i.e. For such speeches that are associated with the execution of their official duties.

4. A civil servant is forbidden to engage in entrepreneurial activities personally or through proxies. Entrepreneurial activity is any independent initiative activity of civil servants, which is carried out on permanent basis Through both personal fulfillment of work and investment in the enterprise in the laws provided by law, and aimed at obtaining personal money income.

5. For civil servants, legislation establishes a ban of representation: it is not entitled to be an attorney or representative of third parties in the state body, which consists in the public service or which is directly subordinated or directly controlled by him. The representation is expressed in the activities of the representative committed on behalf of the submitted. The representative acts on behalf of and in the interests of the submitted (Art. 182 of the Civil Code of the Russian Federation).

6. A public servant is prohibited to use in non-servicing purposes of material and technical, financial and information support, other state property and service information.

7. A civil servant is forbidden to receive gifts, cash rewards, loans, services, funds for payment for entertainment, recreation, transportation costs, mobile phone services and other remuneration related to the execution of official duties, including after retirement.

8. Related to the previous ban for a civil servant is a ban on departure to official business trips abroad at the expense of individuals or legal entities.

9. The public servant is not entitled to accept without the permission of the President of the Russian Federation awards, honorary and special titles foreign states, international and foreign organizations.

10. The public servant is not entitled to participate in strikes.

11. A public servant is not entitled to use his official position in the interests of political parties, public, including religious, associations. The Constitution of the Russian Federation established a multi-party system. The participation of a civil servant in the activities of any political parties or other public associations is incompatible with the public service post.

12. Civil servants, which are close relatives or among themselves in the property (brothers, sisters, parents and children of spouses), is prohibited to undergo a service in the same state body if their service is associated with direct subordination or controlling one of them to another.

In public service, a special place is encouraged to encourage (stimulating) and the responsibility of state and municipal employees. General grounds To promote civil servants are:

1. successful, high-quality and conscientious performance of official duties;
2. recognition of the merit of civil servant (special differences in the passage of civil service);
3. continuous and impeccable service;
4. fulfillment of the tasks of special importance and complexity;
5. manifested courage in the performance of official duties.

Promotion can be individual (encouraging a particular person) and collective (encouraging a team, several persons), and in content - moral, material or mixed, i.e. Including both moral and material elements.

The responsibility of civil servants occurs for violation of legality and official discipline, non-performance or improper performance by them of their official duties. Government servants may carry disciplinary, administrative, criminal and material responsibility. The main responsibility of civil servants is disciplinary (for the execution of an offense). For non-fulfillment or improper fulfillment by civil servants assigned responsibilities on a civil servant may be affected by the authority or manager who have the right to appoint a civil servant to the state office of public service, established disciplinary recovery. Disciplinary responsibility is to impose on civil servants who committed official (disciplinary) misconduct, disciplinary penalties by the authorities of representatives of the administration (managers, bosses).

If during the year from the day of imposition disciplinary penalty A public servant will not be subjected to a new disciplinary recovery, it is considered not subject to disciplinary recovery. The authority (official) that applied recovery may remove it before the expiration of the year on his own initiative, at the request of the immediate supervisor or labor collective, if the recovery was not made a new offense and showed himself as a conscientious employee. The higher supervisor also owns the right to remove disciplinary recovery. In the event of the disagreement of the civil servant with the decision to attract it to disciplinary responsibility, it is entitled to appeal in writing to appeal this decision to a higher leader (chief of a higher state body) and challenge in court.

Russian legislation also provides for the administrative responsibility of civil servants in cases where they are officials, in accordance with the legislation on administrative offenses. In addition, the criminal liability of officials for the abuse of official powers, the excess of official authority, refusal to provide information to the Federal Assembly of the Russian Federation or the Accounts Chamber of the Russian Federation, assigning the authority of an official, the illegal participation in entrepreneurial activities, receiving and give a bribe, a service life and negligence. Depending on the nature of these socially dangerous acts, the court appoints various measures of criminal punishment, including dismissal from office. When considering cases of crimes against the interests of civil service, the courts may apply such a measure of criminal punishment as deprivation of the government of the right to hold relevant government positions.

The legal status of civil servants of the constituent entities of the Russian Federation is established by legislative acts adopted in the subjects of the Russian Federation.

The procedure for passing civil service

For the first time entering the civil service, as well as for the civil servant when transferring to the state office of the public service of another group and other specialization, a trial period of three to six months can be established depending on the level of preparation and position of civil service to which a citizen Enters. A competition can be announced to replace the vacant state office position, which ensures the right of citizens to equal access to public service. Competition is held in two forms: a competition of documents, if the vacant posts of the 2nd group of the 2nd group are replaced; Test competition, if vacant posts of civil service 3, 4 and 5 groups are replaced.

The state employee is subject to certification no more than once every two years, but at least once every four years. Under the certification of civil servants is aware of the activities in the process of which the attestation commission within the framework of the established scientifically based procedure to identify the degree of conformity of the employee held by the position of the business, personal and moral qualities of the employee, the results of his work. Two basic certification tasks are allocated: a) establishing the conformity of the employee being held (defining the level of training); b) Assigning a qualifying discharge.

Qualification discharges of civil servants point out the level of professional training of civil servants by the qualification requirements imposed on the positions of the public service of the relevant groups. Qualification discharges are assigned according to the results of the state qualifying exam or certification. The legislator established 15 qualifying discharges assigned to civil servants. Education and professional qualifications of civil servants must be confirmed by the relevant documents. Citizens applying for the state office of public service must have:

• for the highest and main state office posts - higher professional education according to the specialization of public service posts;
• for leading and senior public service posts - higher vocational education in the specialty (state administration);
• for junior government posts of public service - secondary vocational education on specialization of public office posts (or education that is considered equivalent).

The decision on the recognition of education is equivalent to the federal authority on civil service. If a public servant is translated from the public service of one species to the public service of another species, a previously assigned class rank, diplomatic rank, military and special title, as well as the period of stay in the appropriate class, diplomatic rank, military and special rank are taken into account when assigned classy rank, diplomatic rank, military and special title on a new type of public service in accordance with the federal acts of Russia.

Termination of civil service is a regulatory procedure for the termination of state-official legal relations between the civil servant and the state body that arose when a citizen arrives at the public service and in the process of fulfilling their official duties. Termination of civil service is possible only in accordance with the legislation on public service and labor.

The legislation on public service provides for special foundations for the dismissal of a civil servant on the initiative of the head of the state body.

1. Achieving a state employee of the marginal age established for replacing the post of public service. Public service legislation establishes ultimate age Located in the public service - 60 years. However, for posts 5, 4 and 3 groups of civil service, it is possible to extend in service to 65 years.

2. Termination of citizenship of the Russian Federation.

3. Failure to comply with civil servants and restrictions established by the Federal Law "On the Fundamentals of the State Service of the Russian Federation".

4. Disclosure of information constituting the state and other law protected by law.

5. The public servant may be dismissed and in the event of other circumstances, which are provided for by paragraph 3 of Art. 21 of the Federal Law "On the Fundamentals of the State Service of the Russian Federation". The current state of public service in the Russian Federation is characterized by extreme inefficiency, suffers from such serious disadvantages as total corruption, bureaucracy, dominance of nomenclature, incompetence, low level of legal culture of civil servants, formalism, phasitism. According to one of the research, only 25% of Russian civil servants are currently oriented on a democratic style of work. Approximately 30% of officials in principle support a democratic management style, but currently do not consider it relevant. The remaining 45% of civil servants frankly focus on corporatism.

Every year the professional composition of civil servants is worsening due to low average wages. At the same time there is a decrease in the prestige of the civil service as a species professional activity. Negative trend is the predominance of civil servants with non-core education. The lack of qualified personnel is combined with the presence of empty vacancies due to low wages in the public sector. In addition, the structure of administrative and public administration is not sufficiently regulated and poorly controlled by civil society.

The federal program "Reforming the civil service of the Russian Federation (2003-2005)" was focused on the elimination of such drawbacks, providing for the creation of the foundations legal support public service and containing a system of priority measures to optimize the system of government.

However, as practice has shown, the intentions of the authors of the program were just good wishes, and she herself was failing.

Satisfying everyday needs is carried out by man in the process of its activities. Material and intangible benefits necessary for their own existence, it creates as a result of joint, targeted and conscious activities, which is called labor. This activity and relationships in the process of creating material and intangible benefits We need legal regulation. In art. one Labor Code The Russian Federation states that the objectives of labor legislation are the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers.

AP system is a set of institutes, sub-sectors and standards. It must be distinguished from the administrative legislation system, which is a combination of existing legislative and other regulatory acts related to each other and regulating the relevant relations in the field of public administration.

Traditionally, scientists offer approximately the same AP system consisting of two parts - common and special.

IN total AP is considered the main institutes of the AP.

a common part Includes the main structural elements of the total AP, for example:

The concept of an AP;

Issues of the subject, method and system AP;

Science AP; Subjects AP;

Administrative legal status of a citizen, OIV, civil servants;

Competence of bodies and officials authorized to consider cases of adm-x offenses.

The total part of the AP also includes:

Institute of Administrative Procedure;

Ensuring the legality in the realization of the IV;

Adm-I justice;

Public control.

In the system of general part of administrative law, it is advisable to highlight four main elements:

1. Institutes and Norms AP, regulating relations in the organization and functioning of the executive, government, i.e. the so-called organizational AP or institutions and regulations included in management law;

2. Legal norms regulating the management process;

3. Norms establishing the procedure for judicial protection of PSMG from actions and solutions of public administration;

4. Institutions and norms of administrative and delicate right, which regulate species, measures administrative coercion and the order of their application.

Special part Includes chapters about the system of state management in the three most important areas: the management of the economic sphere, the management of the socio-cultural sphere, the management of the administrative and political sphere,

In a special part of AP, the organization of the State Department is considered, issues of the relationship of the competence of the Russian Federation and its subjects in the field of the organization of the State Department; the concept of regional management; inter-sectoral state control and its organizational forms; the ratio of state management and state regulation; The impact of the ADM-th reform conducted in Russia on the formation of the system and the structure of the FOOV.

Part of the industry of administrative law, which consists of rules affecting a certain type of homogeneous public relations, called administrative legal institution. This institution is a combination of norms, the volume and scope of action is relatively smaller than the branch of law.

Institutes AP can be:

- industry(IN-T legal Act Management) I. inter-sectoile(in-t administrative responsibility);

- Material (Institute of Administrative Legal Forces of Management) and procedural (in-t undergoing the state service, production on ADM-X Affairs);

- Regulatory (in-t of the State Service) and chappers (in-t of adm coercion);

- simple (in-t certification of state-owners) and complicated (In-t of the State Service, YUR Officials (officials).

AP may be material (establishing the main provisions, the administrative and legal status of the Directorate and AP, as well as the right, duties, prohibitions, restrictions, responsibility) and procedural(regulating the procedure for implementing the material norms of the AP).

Ap is also divided into external and internal. Outdoor AP regulates relationships (legal relations) between the Gos-M Managing (government agencies, institutions), on the one hand, and citizens, organizations on the other (\\ then the most important part of the AP). Domestic AP regulates the legal relations between the state, its bodies and structural divisions.

Currently, the special part of the AP is being revised. As part of this review, it is possible to build and form the following industries: Construction, service, information, transport law etc.

With the appearance of a codified act, regulating the ADM-th process, it is possible to allocate the adm procedural law as an independent industry russian law.

Formation, improvement and development of such in-in ap state Service and adm-I am responsible, leads to the emergence of points of view, speaking administrative and delicate right, as well as about service law (Police law).

Subject of administrative law.

The subject of administrative law is a system of public relations regulated by administrative and legal norms. The subject of administrative law includes five components of its parts.

Firstly, these are social relations arising in the process of implementing the executive authority, the implementation of public administration at all its hierarchical levels. The second, these are intra-corporate relations of all state bodies that are mainly the same, similar, the same type, regardless of where they are carried out : In executive bodies, legislative or judicial. Thirdly, the subject of administrative law includes the functioning of national control, which is carried out on the territory of the entire Russian Federation on behalf of the state, being endowed with the state-powerful powers of the federal nature. In the fourth, the subject of administrative law covers the activities of courts and judges to consider cases administrative offenses. Fifth, the subject of administrative law may include public relations arising in the activities of public associations, which the state has transferred some of their state-powerful powers.

Administrative law - the industry of Russian law. Communication with other industries.

1) Administrative law as a branch of law is a set of norms, rules of conduct established or sanctioned by the state, its authorized authorities, officials provided by state coercion measures, in order to regulate management relations arising in the field of executive bodies, public administration, as well as in the activities of other state authorities and their devices, in the activities of non-governmental organizations authorized in the legal procedure to carry out management functions.

Administrative right as a branch of legislation is a combination legal norms and rules governing the behavior of the subjects of legal relations in the implementation of rights and obligations in the field of the activities of the executive authorities (state and local governments), public administration, their officials and management relations arising from the implementation of other forms state power: Legislative, Institute of President, Judicial, Prosecutor's Office of the Russian Federation, accounts Chamber Of the Russian Federation, Central Bank of Russia, etc.

2) Administrative law closely interacts with constitutional law. Administrative right details and specitizing t normsconstitutional law, determining the mechanism of their implementation. Hands fixed in ch. The 2 Constitutions of the Russian Federation rights, freedoms and duties of citizens of the Russian Federation constitute the basis of their administrative and legal status.

Administrative law is closely connected with administrative proceeding right. Administrative procedural norms are providing administrative and material norms. For example, as part of the implementation of the material rights of citizens on weapons, the norms of administrative and procedural law determine the procedure for issuing a license for the acquisition of weapons.

Interaction criminal law It is determined by the fact that administrative law norms determine which acts are administrative offenses.

Interaction civil law explained by the fact that, for example, the realization of citizens' rights to engage business activities binds to necessity state registration In the federal tax service bodies. The norms of administrative law determine the rules of transmission, seizure of property. And the norms of civil law regulate the relations of possession, use and orders of property.

Interaction of administrative and administrative and procedural law with financial law It is manifested in the fact that with the help of administrative and administrative and procedural norms, it is licensed by all types of professional activities in the securities market.

Interaction land law due to the fact that a significant part of relations related to the subject land rightare governed by administrative law.

Interaction labor law It is explained by the fact that in the field of labor protection state inspections Labor performing functions on control and oversight of compliance with the legislation on labor and labor protection by organizations and individuals. During such control, officials of the Federal labor inspection may attract the perpetrators to administrative responsibility.

The relationship of administrative law with family law due to the fact that according to Art. thirty Family Code RF, the marriage is only in the bodies of recording acts of civil status in the manner determined by the Federal Law "On Acts of Civil Status". The record of civil status acts is carried out in the judicial bodies of the Russian Federation.

3. Administrative law system, sub-sectors and institutions.

The system of the administrative law is a set of norms, administrative law rules, interrelated and interdependent and generating specific information and legal unity, ensuring the effective legal regulation of management relations in the field of activities of executive authorities, public administration, as well as relations in the field of management activities carried out by others government authorities and their servicing devices and other authorized law entities of administrative law.

The administrative law industry system includes two major subsystems - the overall and special parts, which, in turn, can be subdivided into smaller subsystems.

A common part:

• State administration, executive bodies;
• AP as a branch of law, scientific branch of knowledge and academic discipline;
• Subjects of administrative law;
• Forms and methods of implementing the activities of the executive bodies, public administration;
• Administrative offense and administrative responsibility;
• Administrative jurisdiction;
• Administrative process Views administrative production;
• The legality and discipline in the activities of the executive bodies, government.

Particular part:

• Administrative and legal regulation in the field economic relations;
• Administrative and legal regulation of relations in the socio-cultural sphere;
• Administrative and legal regulation of public administration in administrative political sphere;
• Administrative and legal regulation in other fields.
• The main generation link of a single subject of administrative and legal regulation is the managementShip of relations arising in all these areas and regions of state activities.

Among the mains administrative law institutions The following components can be distinguished. This is the Institute of Public Service, government bodies, municipal bodies, administrative responsibility, the Institute for Protection of Ownership through administrative and legal norms, a plurality of institutions located in a special part of the Code.

Topic: Office, State Administration, Executive Power

Administrative legislation is legal basis Functioning:

1) legislative power

2) Executive power

3) Judicial authority

4) all branches of state power

5) Prosecutor's supervision

Administrative right regulates public relations in the course of the organization and implementation:

1) legislative process

2) government controlled

3) Justice

4) activities for the implementation of general oversight of the observance of legality

5) foreign trade relations

What types of managed systems refer to the field of administrative law:

1) social

2) Biological

3) Mechanical

4) Economic

5) Information

What is the object of social management:

1) people endowed with authority

2) government agencies

3) people's behavior

4) Public organizations

5) behavior teams of people

In management are always present

1) Mechanical processes

3) subject and management object

4) law enforcement

5) government members

1) state and public

2) mechanical and biological

3) legal and wrong

4) internal and external

5) legitimate and unlawful

1) executive committees

2) Council Ministers

3) Ministries and state committees

4) local administrations

5) Parliament

Public administration is carried out:

1) political parties

2) public organizations

3) labor collectives

4) administration of enterprises and institutions

5) local administrations

Public management is carried out:

1) political parties

2) public organizations

3) labor collectives

4) Local administrations

5) State Committees

Public administration is carried out:

1) all state bodies

2) executive agencies

3) Prosecutor's Office

4) administration of enterprises and institutions

5) Chamber of Representatives

The state management is carried out:

1) The president

2) executive agencies

3) prosecutor's Office

4) local administrations

5) House of Representatives

Types of managed systems:

1) economic, socio-cultural and administrative-political

2) Objective and subjective

3) mechanical, biological and social

4) Administrative and Economic

5) direct and indirect exposure

Management is always present:

1) Mechanical and Biological Systems

2) subject and management object

3) household, socio-cultural and administrative and political spheres

4) the one who is managing both (that), by whom (than) manage

5) two sides

Social Governance divided by:

1) state and legal management

2) state and public administration

3) public and power management

4) Administrative and Economic Administration

5) law enforcement and law-making

What science is studying management as such, regardless of where it is carried out:

1) Political science

2) Sociology

3) cybernetics

4) Mathematics

5) legal state

What type of management is studying administrative law:

1) state

2) Public

3) family

4) Political

5) Coalition

The essence of public administration is:

1) Performance of laws

2) management subordinate structures

3) Obtaining material remuneration

4) edition of laws

5) Fulfillment of acts of the president

When the principle of separation of authorities was fixed in the Republic of Belarus:

1) in the Constitution of 1978

2) in the 1994 Constitution

3) as a result of the referendum 1996

4) not officially enshrined, exists only in practice

5) in Directive No. 1 of the President

Topic: Administrative right as a branch of law and as a science

Which method is most characteristic of administrative and legal regulation:

1) prescription

3) permitting

In which industry of law administrative right takes the initial starts:

1) criminal law

2) constitutional law

3) civil law

4) labor law

5) general Theory rights

A special part of administrative right contains norms regulating:

1) Forms and methods of management activities

2) Fundamentals of administrative and procedural activities

3) Public Administration Principles

4) management in individual industries and spheres

5) legal status of subjects of administrative law

Inter-sectoral public administration is to control:

1) education, science, culture, sports

2) defense, securing state security

3) accounting, finance, loan, pricing

4) foreign affairs, internal affairs

5) Justice

The methods of administrative law include:

1) prescription

2) ban

3) Note

4) Reprimand

5) Dismissal

The difference between administrative and civil law is carried out depending on:

1) legal regulation method

2) who is a participant in this relation

3) character and direction of relevant prohibitions

4) the desires of law enforcement bodies

5) the interests of the state

Administrative law system from:

1) sections, chapters, articles

2) Common and special part

3) standards regulating management in the economic, socio-cultural and administrative and political sphere

4) laws and codes

5) science and training course

The subject of the industry is right, it is

1) circle of public relations regulated by this industry

2) educational, scientific and other materials intended for studying this industry

3) regulatory acts to be studied

4) Practice Materials law enforcement

5) the doctrine of the essence of this industry

The subject of administrative law is public relations that:

1) arise in the field of executive

2) associated with the organization of executive at the highest level

3) associated with the organization of the executive local level

4) related to the functioning of the executive authority at the highest level

5) related to the functioning of the executive at the local level

The main conditions for attributing public relations to management, that is, the component of the subject of administrative law is:

1) the presence of the relevant state authority or its representative

2) communication with executive and administrative activities

3) communication with legislative activity

4) their implementation in accordance with the COAP standards

5) the forced nature of the occurrence

What is the name of the legal regulation method, which provides for the assignment of a direct legal obligation to commit certain actions under the conditions provided for by the legal norm:

1) prescription

5) Encouragement

What is the name of the legal regulation method, which provides for the imposition of a direct legal obligation not to commit certain actions under the conditions provided for by the legal norm:

1) Prescription

2) ban

5) Encouragement

What is the name of the legal regulation method, which gives legal permission to perform certain actions under the conditions provided for by the norm, or refrain from their committing at its discretion:

1) Prescription

5) Encouragement

1) constitution and laws

2) acts of the President

3) resolutions of the Council of Ministers

4) judicial precedents

5) contract

The sources of administrative right include:

1) charters

2) codes

3) local solutions representative bodies

4) legal customs

5) instructions and rules

In which cases the acts of the former USSR are allowed:

1) if the relevant republican acts have not yet been adopted

2) if they do not contradict the Belarusian legislation

3) if they regulate social relations in more detail

4) if they like the law enforcement agency

5) If there is an indication of a higher authority

What studies the science of administrative law:

1) essence of the executive power

2) forms and methods of the executive

3) legal status of subjects and public administration facilities

4)

5) foreign experience

What of the named refers to the subject of science administrative law but does not apply to the subject of the industry administrative law:

1) the essence of the executive

2) Forms and methods of the executive

3) Legal status of subjects and objects of public administration

4) administrative and legal categories

5) foreign experience

Topic: Administrative and Legal Norms

Administrative and legal norm:

1) creates a specific legal relationship

2) does not create legal relationship

3) creates a legal relationship only in certain cases

4) regulates public relations in the field of executive

5) provided state coercion

Administrative and legal norms regulate:

1) specific cases

3) one single case

4) the behavior of citizens in the field of public administration

5) the behavior of citizens in the field of executive

What part of the administrative legal norm Defines the rule of behavior:

1) Hypothesis

2) disposition

3) Sanction

4) Protocol

5) Resolution

Can the structural elements of the administrative and legal norm be in different regulatory acts:

3) are always in different acts

4) Never

5) sometimes

Ways to implement administrative and legal norms:

1) Investigation

2) Drawing up the Protocol

3) decision making

4) compliance

5) application

The structure of the administrative and legal norm:

1) Subject, object, subjective side, objective side

2) hypothesis, disposition, sanction

3) Total and special

4) compliance, execution, application

5) material and procedural

Norms providing for administrative responsibility come into force:

1) Immediately

2) after bringing the performers

5) rear

"Return force" have norms:

1) establishing responsibility

2) aggravating responsibility

3) canceling or weakening responsibility

4) any norms

5) no norms of "return strength" do not have

Imperative legal norm, it is -

Its imperative

requirements in it

measure of responsibility for its violation

Which of the responsible sanctions is absolutely certain:

1) a warning

2) Fine from 2 to 5 basic values

3) Fine from 5 to 10 basic confiscation magnitis

4) correctional work for up to 2 months

5) Administrative arrest for up to 15 days

What is the name of the sanction, which provides for the possibility of overlapping several types of penalties:

1) absolutely certain

2) relatively defined

3) alternative

4) Commissioning

5) permitting

Which of the given sanctions is relatively specific:

1) correctional work up to 2 months or administrative arrest up to 15 days

2) Fine from 20 to 50 basic magnitude administrative arrests up to 15 days

3) penalty from 5 to 10 basic values

4) Warning or fine up to 1 basic value

5) Warning

Which of the given sanctions is alternative:

1) Warning

2) Fine from 2 to 5 basic Values

3) penalty from 10 to 20 basic quantities or correctional work for up to 2 months

4) warning or fine up to 2 basic values

5) administrative arrest for up to 15 days or deportation

Performance of the legal norm, this is:

3) active actions of a subject to fulfill the prescriptions contained in the norm

5) adoption of an act containing legal norms

Compliance with legal norms, this is:

1) acceptance competent state body Individual legal and imperative solution based on the current norm

2) abstinence the subject from making prohibited actions

4) the act of the subject at its discretion

Application of legal norms, this is:

1) adoption by the competent state body of an individual legal and impersonal solution based on the current norm

2) abstinence the subject from the commission of prohibited actions

3) the active actions of the subject to fulfill the prescriptions contained in the norm

4) the act of the subject at its discretion

5) execution of established rules

Topic: Administrative and Legal Relations

In administrative legal relations:

1. Parties are equal

2. parties are not equal

3. one of the parties have the rights that are not in the other

4. The amount of authority of the parties depends on the agreement between them

5. the volume of powers from one of the sides is greater than the other

The main condition for assigning public relations to administrative-legal is the presence of in them:

1. Representatives of the Presidential Administration

2. Employees of state enterprises

3. executive authorities or their representatives

4. Deputies

5. law enforcement officers

Administrative legal relations include:

1. relationship between officials and citizens

2. Relations between the heads of the enterprise (organization) and employees of this enterprise (organization)

3. Relations between the Chairman of the ECC and shareholders

4. Relationship between citizens

5. Any public relations can be attributed to the administrative and legal

Administrative legal relations arise:

1. when committing an offense

2. When concluding the contract

3. When concluding marriage

4. In all listed cases

5. when filing a complaint in a district executive committee

Administrative legal relations may arise:

1. at the initiative of the executive authority

2. at the initiative of citizens

3. at the initiative of any of the parties

4. In the presence of the permission of the representative of the administration

5. If there is a contract

Participants administrative legal relations may be:

1. executive agencies

2. citizens

3. public organizations

4. officers

5. Administrative and territorial education

Administrative legal advantage of citizens comes:

1. from the moment of birth

5. After receiving the relevant document

The administrative law and the capacity of organizations occurs:

1. From the moment of making a decision on the formation of the organization

2. from the moment official registration

3. After imprisoning the Special Commission

4. After issuing a certificate

5. After the publication of the order of the head

Sources of administrative law are:

1. Administrative Offenses Code

2. Constitution of the Republic of Belarus

3. Laws

5. Orders and instructions

Which of the listed acts can be sources of administrative law:

1. acts of legislative bodies

2. acts of executive authorities

3. international Acts

4. judicial acts

5. Individual acts

What is a general condition for administrative and legal relations:

1. Knowledge of laws and subtitle acts

2. the presence of administrative legal capacity

3. Property centers

4. Availability of citizenship

5. availability of administrative capacity

Violation of the administrative and legal norm entails legal responsibility to:

1. state

2. Civil servants

3. President

4. Citizen whose rights are violated

5. Prosecutor's Office

As legal facts Speakers:

1. Administrative and legal norms

2. Administrative and legal relations

3. actions

4. events

5. actions, entailing legal consequences

Administrative delicacy of citizens (by general rule) comes:

1. From birth

2. from 16 years old

4. From 21 years

5. Accurate age is not installed

Administrative capacity of citizens comes:

1. From birth

5. accurate age is not installed

Section 2.

Similar information.

Fundamental factors providing and characterizing the functioning of administrative law as a systemic education: legal principles; public goals and interests; norms; individual prescriptions; rights and obligations. Large structural units administrative law: subproduces; Legal institutions and sub-institutes.

Administrative law is an integral part of the Russian law system, its subsystem and therefore itself is system education. Therefore, it has the properties of integrity and structurality. Its integrity is maintained through such fundamental phenomena, as an item, method and regime of administrative and legal regulation, public objects and interests, principles enshrined in administrative law, administrative and legal terminology.

Property structural the industry is manifested in those of its primary veals, which are in themselves on the "cellular level" imperative regulatory force. These are administrative and legal principles and norms, individual prescriptions, rights and obligations. In the process of own action and interaction said regulatory valea combined in regulatory education (institutions and sub-institutes, sub-sectors and other structural units of administrative law). Their general regulatory interaction ensures the formation of a holistic industry of administrative law.

Public goals and interests

Administrative right as a branch public law Must implement certain public goals and interests. They also strengthen its systemality, if not declarative and implemented.

Public objectives and interests of the industry are fixed in a variety of regulatory administrative and legal acts. The interests of the state correspond to the following home Public Goal - support the organization, functioning and development of the system of state administration at the level of the requirements of the Constitution of the Russian Federation, federal constitutional laws and federal laws.

The state administration really existing in Russia now, the state executive power is very far from the implementation of the main public target formulated above. This conclusion is based on numerous facts reflected daily in the media and indicating that the state administration in a number of its links work out of the hands is bad. President of the Russian Federation - the Garant of the Constitution and the Supreme Official of the State - the existence of a destructive corruption and the practice of "kickbacks" for the country public procurement in the amount of over trillion rubles. His numerous public statements about the dominance of corruption in the country and the need for merciless struggle with it are known.

The given fact and the mass of others characterizing the level of organization and activities of the State Administration as a whole indicate that the process of accumulating problems that do not find the necessary and consistent resolution are underway in the administrative and legal sphere. The most global problems for the specified sphere that require minimization and elimination are the feudal-land recruitment system, its low legal and organizational culture, proceedable corruption, chronic non-performance decisions, inability to limit government spending, inefficiency.

World experience shows that the state administration different countries, Including Russia, successfully overcomed the dawns of accumulated problems only as a result of its essential organizational and functional and organizational and technological modernization. Renaming and reorganization of state structures make sense only if they rely on the specified types of modernization and follow them, but not vice versa. Therefore, for the modern historical period, the public interests of Russia corresponds to public goal, providing a substantial organizational and functional and organizational and technological modernization of the state administration, which would ensure that self-cleaning mechanisms for self-cleaning from their own system defects, the growth of its viability and effectiveness in solving tasks assigned to it and overcoming continuously emerging problems. It should find adequate consolidation in administrative legislation.

Legal principles are the fundamental ideas of a social organization, legal regulation, enshrined in the right. These are powerful system-forming factors. The Company seeks to ensure that the social organization and legal regulation are adequate legal principles, but cannot yet achieve.

The administrative law establishes a number of major legal principleswhich must comply with the State Administration, Administrative and Legal Regulation and Administrative Management. Among them, the principles of legality, federalism, the priority of the benefit and the interests of the people, the effectiveness of legal regulation. In regulatory administrative and legal acts, principles having more private. In the Administrative Offenses of the Russian Federation, such principles are proclaimed as equality of persons who committed administrative offenses, before the law, the presumption of their innocence, ensuring the rule of law in the application of administrative coercion measures in connection with the administrative offense.

In accordance with principle of legality subjects that carry out regulatory and individual administrative and legal regulation, appropriate activities, are obliged to follow the prescriptions of the Constitution of the Russian Federation, federal and regional laws. Unacceptable retreat from the principle of legality under no circumstances, including on the basis of objective necessity or economic feasibility. For the ignoring of this principle, the destruction of social systems is inevitable, the law and order is replaced by the weather and criminal lawlessness, the worst administration forms are made to replace administrative and legal regulation, based exclusively at the discretion of officials. It is significant that many centuries ago the winged Latin saying arose: "The legality should triumphane, at least the world would die" ("Pereat Mundus AT Fiat Justitia"). The ancient Romans knew the price and the great social importance of legality, as well as justice, justice, if they put them above the existence of the world and thereby were erected into Absolut.

Principle of federalism it is implemented in Russian administrative law through the assignment of administrative and administrative and procedural legislation to jointly manage the Russian Federation and its subjects. In their joint jurisdiction, issues of establishing the general principles of the organization of the system of government agencies, including executive authorities.

Setting the system federal organs the executive branch, the order of their organization and activities, the formation of these bodies is assigned to the regulation of the Russian Federation. In turn, the system of state authorities of the PEL entities) is established by these subjects independently in accordance with the basics constitutional system Russian Federation I. common principles Organizations of representative and executive bodies of state power according to federal law. Within the limits of maintaining the Russian Federation, its powers on subjects of joint management of the Russian Federation and subjects of the Russian Federation federal bodies executive and executive authorities of the subjects of the Russian Federation form unified system executive power federal State.

Principle of the priority of good and interests of the people there should be consistently developing both in the domestic legal system as a whole and in the components of its industries, including the administrative moral. Recall the winged Latin saying, corresponding to this case and the principle: "The benefit of the people is the highest law" ("Salus Populi Suprema Lex"). He found consolidated in numerous administrative legal norms.

For examples, turn to the Administrative Code. In it, among the tasks of the legislation on administrative offenses, the protection of the personality, the protection of human rights and freedoms and the citizen, the protection of the health of citizens, the sanitary and epidemiological well-being of the population, the protection of public morality, security ambient, established procedure for the implementation of state power, public order and public security, Property, protecting the legitimate economic interests of individuals and legal entities, society and states from administrative offenses, as well as prevention of administrative offenses.

The principle of effectiveness of administrative and legal regulation and administrative management means that the action of administrative rights is based on the need to achieve certain and essential for society, i.e. Having a public character, results. This principle should permeate the organization and functioning of the state administration, the behavior of all the subjects operating in the administrative and legal sphere.

Implementation of the principle of efficiency involves mandatory assessment Costs for the maintenance of the state administration, the implementation of administrative and legal regulation and administrative governance, taking into account the results obtained by the state. Unfortunately, in the Russian Federation, the effectiveness of the organization and activities of state authorities, the state administration and other state structures is not measured and do not know how to measure.

The property of the system of administrative law is manifested in its structural organization. If the consideration of the integrity of administrative law makes it possible to see in it a single and holistic functional education, the structural approach allows to focus on the analysis of its most significant components, their connections and interactions between them.

The structure of administrative law is objectively due to both external factors and internal. The most important external factor that has a decisive formative impact on the administrative law system is its subject. The content of administrative law, the method and regime of administrative and legal regulation, administrative management is also underlined under the influence of the industry, but they themselves appear as internal action factors.

The administrative law industry is a complex education in the system of law. The composition has four main structural series. The first structural series is numerous primary administrative and legal trades: principles and norms; Individual establishments subjective rights and duties. All combined, they concentrate in themselves the general regulatory force of administrative law.

The second structural series form administrative and legal institutions and sub-institutes. The Legal Institute is a large structural part of the legal industry or sub-sectoral, including primary legal velves and ensuring the regulation of a meaningful homogeneous group of social relations as one of the subdivisions of the subject industry.

In administrative law there are many legal institutions. The most developed and voluminous of them are institutions of state executive authorities, civil service, special administrative and legal regimes, administrative responsibility. In the last decade, the institution of protection of legal entities and citizens from incorrect (unlawful) actions of the state administration has been actively developing in the last decade.

Some legal institutions have as structural formations substitutes. For example, the Institute of State Executive Government includes the subsequent establishments of federal executive and regional executive authorities (the executive authorities of the constituent entities of the Russian Federation).

The third structural series is represented subproduces administrative in the process of the implementation of administrative and legal regulation of large complexes of public relations, as well as the implementation of administrative management with the participation of the State Administration. Among the subproduces of administrative law in special literature, the material law and procedural law are most often called, as well as administrative management, administrative service, administrative information, administrative police, administrative delicate, administrative justice.

The administrative legislation of the last decade has received development procedural regulation for which it is characteristic regulatory establishment of the procedure for the implementation of the most important for state administration and organization of administrative management of activities. It finds fastening in numerous administrative regulations. Work on the analysis and systematization of administrative-procedural regulation may result in the formation administrative procedural right along with the administrative procedural law regulating the procedure for the consideration of administrative disputes.

Administrative procedural law also should be attributed to sub-sectors of administrative law. It is in the stage of active formation. Sometimes it is considered by the special literature as an independent branch of law. However, the volume of concentrated here regulatory material, the current level of isolation and the development of this administrative and legal education, the uncertainty of the criteria of its structure, the absence of a codified administrative-procedural law does not give grounds for such an output. At best, it is firmly to talk about the formation of administrative procedural law, which ensures the procedure for the consideration of administrative and legal disputes due to individual affairs on administrative offenses, service disciplinary misconduct and appeals of individuals and legal entities to subjects of state administration.

The fourth structural range of the industry makes it general and special suit with its subject administrative and legal blocs. The latter are large units allocated on the basis of the prevailing natural structure of the subject of administrative law. Taking into account the current state of the industry and the existing division into two parts in a common part, the following subject blocks can be distinguished: 1) the general administrative right of the state administration (the basis of the legal status and the organization of the subjects of the State Administration); 2) administrative law of civil service; 3) administrative law of organizations (enterprises, corporations, companies, institutions); 4) administrative law individuals (citizens, foreigners, stateless persons); 5) administrative law forms and management methods; 6) control and supervisory administrative law; 7) administrative delicate law (the right to administrative offenses); 8) Administrative jurisdictional (the right to resolve administrative disputes caused by cases of administrative offenses, on public service disputes, on the appeals of individuals and legal entities to state administration).

In a special part of the industry, there are three spheres of administrative management and administrative and legal regulation: economic, Humanitarian (socio-cultural), state-political. The corresponding subject administrative and legal blocs can be assigned the names: 1) Administrative Economic Law; 2) administrative humanitarian (socio-cultural) law; 3) Administrative right to ensure the security and protection of personality, states, society. Each of the three subject blocks of a special part of the administrative right to structure, taking into account the established organizational forms of administrative management and administrative and legal regulation, headed by a certain ministry or the Government of the Russian Federation, or the President of the Russian Federation.