Administrative and legal relations

One of the varieties of legal relations is administrative, in which one of the subjects is always the authority or its official. They can arise on the initiative of either side, and the desire of the other is not always mandatory. What is administrative relations, what are they made of, who can be their subject? Briefly answer these questions.

The concept of

Administrative and legal relations are social relations established by legal norms that arise and exist in connection with the activities of the executive bodies.

Structure

Administrative legal relations consist of content, object and subjects.

The content includes two sides: legal (subjective rights and obligations) and material (behavior of subjects). The object of legal relations is the act of man, his willful behavior.

Subjects are:

• Citizens of Russia;
• Bodies of local self-government, state administration (executive power), officials of bodies;
• Located on the territory of the state - Russia - stateless persons, citizens of other states;
• Institutions, enterprises, organizations.

Features

Administrative and legal relations - has all the common features and has its own peculiarities of legal relations. To such features it is possible to carry the following:

• One of the parties (mandatory) - an official, or a body of government, executive power;
• This side implements the powers granted to the authorities;
• Most disputes are resolved administratively;
• The parties to legal relations are not equal in their status.

Kinds of administrative legal relations

They are divided into internal and external. The first arise as a result of the internal activities of government bodies, officials. The latter exist in connection with the implementation of management functions. Coordination and subordination administrative and legal relations are also singled out. The latter are relations built on the authoritarian nature of the legal will of the subject of management. With coordination relations, this authoritarianism is absent.

According to the legal nature of interactions, they are divided into vertical and horizontal. The first are the power relations, under which the subject of management has a direct control over another person. With horizontal relations, the parties are legally and practically equal in rights.

Administrative and legal norms and relations

Regulation of relations is carried out by fixing them in the legal norms of various legislative acts. General norms are contained in the Constitution, and the main act in the sphere of administrative relations is the Code of Administrative Offenses of the Russian Federation. In the norms of administrative law it is precisely defined, between whom legal relations should arise, and what rights and duties they will have.

Existing rights and interests in administrative relations can be protected in court, but most often the decision is made by one party - the subject of management. Such a person may refuse a request, give instructions, demand explanations, use disciplinary and administrative coercion.

Unlike civil legal relations, in administrative law responsibility does not arise just before another entity, but directly by the state.

Administrative and legal relations arise both because of legitimate, and because of illegal actions. The first can include the filing of a complaint against the actions of the executive body. The second - the commission of an administrative offense.