Administrative legislation of the Russian Federation

The complex of normative acts, which regulate administrative legal relations, forms the same legislation. There are different categories of legal documents. . Let's consider in detail what the administrative legislation of the Russian Federation is .

Structure

включает в себя: Any - civil, criminal, administrative - legislation includes:

1. Basic acts. To them, first and foremost, the Constitution and federal documents (CoAP, Federal Law "On State Service", FKZ "On the Government", etc.) are included.
2. Acts that relate to other legal branches, however, in their structure have rules that regulate and administrative legal relations. In particular, they include the Forest, Tax, Customs Codes.
3. International acts that extend their effect on this area of relations.

Characteristics of sources

, ученые констатируют их значительную подвижность. Analyzing administrative law and administrative legislation , scientists state their considerable mobility. It is caused mainly by changes taking place in the legal and organizational structure of the state. The sources, for which scientists do not have unity in their views, include legal precedents. In particular, they are the decisions of the Constitutional Court and the Presidium of the Supreme Council. They are endowed with normative character. However, they do not have an independent meaning and act as long as the acts with the interpretation of which these precedents are related. Decisions of the Constitutional Court are generally binding. They are used repeatedly and independently, including in cases of applying the analogy of law. These decisions are considered final, can not be overcome by re-approving the act or a specific provision that contradicts the Constitution. They have immediate effect and should be published in official publications.

If we consider the decisions of the Constitutional Court as carriers of legal information, it is worth noting that they concern the freedoms and interests of various participants in public relations. They formulate new in its meaning provisions, which are subject to mandatory accounting when the subjects exercise their status. At the same time, the normality of these acts has a meaning different from the traditional understanding. From all that has been said, we can draw the following conclusion. Decisions of the Constitutional Court are sources of law, including administrative law , with a normative character. This allows them to be included in the existing general hierarchy of documents, in the legal structure of the state.

Level of joint competence

, на которую распространяется действие государственной и региональной власти. Administrative legislation - the sphere , which is subject to the state and regional authorities. This provision is set art. 72 of the Constitution. Thus, a two-level system of administrative legislation is being formed. In a broad sense, it is a set of acts that act in the field of public administration, control and regulation. In other words, the administrative and legal legislation ensures the implementation of the functions and tasks that the Constitution places on the subjects of power. At the same time they are quite specific. They are the institutions of executive power.

Prerequisites for the formation and development

Conventionally, there are four categories of constitutional provisions that have a pronounced administrative and legal orientation. The first includes acts that fix the key freedoms, the duties of citizens, which are realized in the field of public administration. конкретизирует их по двум направлениям. The administrative legislation of the Russian Federation specifies them in two ways. The first is the regulation of the freedoms and legal capacities of man and citizen. In the second direction, measures are taken to ensure the protection of rights.

General principles of management and regulation

They constitute the second set of norms that have administrative character. They are present in more than 10 articles of the Constitution. конкретизирует их в огромном количестве документов. The administrative legislation of the Russian Federation specifies them in a huge number of documents. They form independent institutes and sub-sectors. очень тесно связано с конституционными положениями. It should be noted that in this direction the norms of administrative legislation are very closely related to constitutional provisions. This is due to the following. In most cases, the regulation of the functioning of the executive is carried out on the border with the constitutional law.

Differentiation of the subjects of reference

Acts that regulate the issues of independent competence of federal and regional bodies form the third bloc. They include art. 71-73, as well as 76-78 of the Constitution. центральной и региональной властью. In fact, these articles form the basis for determining the area within which the implementation of administrative legislation is carried out by central and regional authorities. They establish the boundaries of the activities of the state and subjects in resolving issues related to regulation of relations. These norms create prerequisites for the delimitation of legislative competence in the spheres of state property management, regulation of civil service, organization and functioning of executive institutions, ensuring freedoms and human and civil rights.

Controversial moments

It should be said that a harmonious two-level structure of administrative legislation is formed not only on the basis of constitutional provisions. To create it, special acts are necessary, in which the subjects of conducting central and regional power are specified. Many authors note that at present this problem is solved only at the level of the Code of Administrative Offenses. It provides an exhaustive definition of the powers of the state in the field of administrative responsibility (Article 1.3 of the Code). In most cases, such acts are either not available, or these issues are not regulated by them. An example is regulation of the civil service. In 1995, the law establishing its foundations was approved. Meanwhile, the competence of the state and regions is not specified in it. As a consequence, in the acts of the subjects there is a significant deviation from the constitutional provisions governing the civil service.

Aggravating circumstances

It should be noted that relatively recently the problem of determining the regulatory impact of state and regional legislation was complicated by the fact that the acts lacked the interpretation of the terms "powers", "subject matter", "competence". Today this issue has been partially resolved through the adoption of Federal Law No. 119. It defines the principles for the division of powers between regional and state power structures. However, many subjects of reference, which are directly related to administrative and legal regulation, are still being treated quite controversially.

For example, according to clause "c" of Article 71 of the Constitution, the protection and regulation of freedoms of a person and a citizen belongs to the exclusive jurisdiction of the state. The powers of the regions are established in clause "b" of Art. 72. According to the provision, the competence of the regions includes protection of freedoms and rights of a citizen and a person. In this case, a completely logical question arises. How can we separate these powers without simultaneous regulation? должно определять свои гарантии. Here it can be assumed that regional administrative legislation should determine its guarantees. For example, to form special bodies to assist the public in protecting freedoms and interests.

Bases of legal proceedings

They are formed by special constitutional provisions. The fundamentals are aimed at ensuring the compliance of domestic legal proceedings with the standards of the legal state system and the expansion of legal guarantees for the individual. In particular, referring to Article 46 of the Constitution. It guarantees to all citizens protection in court. In addition, articles 118 and 128 are important. These norms oblige to adopt a law establishing key concepts relating to administrative proceedings, special procedures for dealing with disputes arising from public legal interactions.

Key areas of development

совершенствуется сегодня в двух аспектах. Today, the administrative legislation is being improved in two aspects. In particular, problems are solved:

1. Increase the effectiveness of the mechanism of governance.
2. Ensuring real protection of the rights of the population in the sphere of executive power.

The solution of the first question necessitates the approval of a set of special measures. . They should be aimed at improving the regulation of certain industries that form the administrative legislation . Measures, in particular, should focus on the regulation of the status of government bodies, civil service, methods and forms of government. At the same time, the development of laws concerning those categories of social interactions that, according to the Constitution, should be regulated by the Federal Law, is of key importance.

Improvement of the legal framework

Solving this problem involves the formation of institutions that ensure the maximum level of protection of citizens, as well as their associations from illegal decisions and actions of public authorities, officials, as well as municipal and state employees. In other words, any violation of administrative law should be stopped. For this it is necessary, first of all, to improve the institution of appealing decisions and actions of power structures. In addition, it is necessary to create appropriate conditions in which the right of citizens to defend themselves in court will be exercised. At the same time, there is a need to strengthen the role of the authorities considering appeals. The most important step in this direction is the establishment of the institution of administrative justice. It is a method for the courts to resolve disputes concerning the direct protection of freedoms and the rights of citizens and legal entities.

Elements of the Institute

Administrative justice includes 2 components: procedural and material. From this point of view, regulation should ensure:

1. The introduction of special rules of legal proceedings - a special procedure for resolving disputes, taking into account their specifics.
2. Legislative consolidation of the structure of bodies in terms of their legal nature, the distribution of their subjects, the internal system.

Among the domestic practitioners and scientists, the concept of a specialized approach to the process of organizing justice has become most widespread. Most authors at the same time proceed from the necessity to solve this problem in stages. In particular, it was proposed to formulate specialized courts in the courts of general jurisdiction for administrative cases, and then introduce appropriate instances.

Administrative process

At present, the CAS is put into operation. However, in practice, its use is not yet widespread. The corresponding section of the Code of Administrative Offenses is more actively used. At the same time, different authors approach different interpretations of the concept of "administrative process" from different sides. In particular, it means:

1. Positive administrative activity of public authorities, focused on the implementation of their duties and rights. It is expressed in various procedures.
2. Administrative-jurisdictional activity. Its essence is to resolve disputes and apply coercive measures.
3. Administrative legal proceedings.

Conclusion

Created on the basis of the Constitution, administrative legislation acts as an essential means of ensuring the implementation of its provisions. Meanwhile, at present there are many unsolved problems. They are connected with the application of norms, and the protection of organizations and citizens from unlawful decisions and actions of public authorities. All this constitutes a huge work front for state and regional authorities. At present, certain steps have already been taken to resolve topical issues. In particular, as stated above, the CAS was adopted. Work on it was conducted in the Armed Forces. The Code of Administrative Procedure establishes the most important provisions. In particular, they relate to territorial, substantive, subordinate jurisdiction of disputes, the status of participants in the proceedings, the features of the evidence and the evidence base. The Code provides for the possibility of taking security measures, establishes the procedure for reviewing and reviewing cases, including those related to a specific type of public legal relations.