LawState and Law

Administrative relations

What is an administrative relationship? These are social relations that arise only in the process of implementing the norms of a specific law, that is, administrative.

Elements of legal relationship, as well as their signs are different. The latter should include:

- flow in the state. Management;

- their subject must necessarily be endowed with state power authorities, which have administrative and executive character;

- the actions of the entities mentioned above are legally-authoritative;

- administrative disputes reach the court only in individual cases, however, the decision taken in this manner in court can be appealed in any circumstances;

- The party that violated the rules of administrative law, is responsible to anyone, that is, before the state.

Administrative legal relations have their structure. Elements are objects and, of course, subjects. Also, the elements include the content, in which the legal and material aspects are distinguished. It is worth noting that the actors are the participants, the object of the offense and the legal relationship is a certain good. The man himself can not be an object.

The immediate object of administrative legal relations is the act of a person or his behavior, because it is through action that people influence the world around them.

The subject is a person who is endowed with certain duties and rights. He must be capable.

Sometimes the subjects are divided into two groups. The first includes organizations, the second - citizens. Some lawyers consider this division to be unsuccessful, since the circle of participants in legal relations is not well defined.

The concept of "citizen" is associated with a group of subjective duties and rights. The social status of a particular person has nothing to do with it at all. Note that some rights belong to us initially, and some we acquire ourselves. Both are important, and others.

Organizations - structural units and their work collectives. It is not necessary to identify the collective entities and legal entities, since there are many differences between them.

There are often cases when lawyers try to identify the concepts of "legal entity" and "collective entity". We note at once that there are a lot of differences between these concepts. The first is much wider than the second, since, of course, it covers more subjects.

Administrative legal relations can have and such subject, as the official. The situation is specific because it independently makes decisions as a citizen, however, acts in the interests and on behalf of an organization.

Administrative legal relations have characteristic features. Here they are:

- the sphere in which they are formed, is quite specific. It is a question of the sphere of public administration. It is important to note that they can arise not only in connection with this management, but also on its behalf. It is a question of the fact that they exist even when the controlling influence is not available, but certain preparations are underway, that is, the rules of law are being sought, documents are being collected, and so on;

- the presence of a mandatory subject in this case is mandatory. The point is that without a subject who is endowed with state-power powers, there can not be any talk about any administrative legal relations;

- the above-mentioned subject is obliged to act legally;

- the initiative can only come from one side. Whether the second side agrees or not - does not matter at all.

The Civil Code states that administrative disputes are resolved without referring the case to the court, however, any decision taken in this way can be appealed against in court. Refusal in any appeal is impossible.

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