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Administrative law. Classification of administrative legal relations (the most important)

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23. CLASSIFICATION OF ADMINISTRATIVE LEGAL RELATIONS

1. According to the content administrative-legal relations are divided into material and procedural.

Material administrative-legal relations are such public relations that have arisen in the sphere of activity of executive authorities, state administration, regulated by the substantive norms of administrative law.

Administrative procedural the norms regulate the equal treatment of the parties - for example, in the process of proceedings on citizens' appeals to state authorities, state administration, as well as in the process of resolving individual cases in the field of public administration, in cases of administrative offenses.

Relations of an administrative-contractual nature - a special type of administrative-legal relations that often arise now between the executive authorities of the Russian Federation and the constituent entities of the Russian Federation, as well as between the executive authorities of the constituent entities of the Russian Federation.

2. According to the ratio of the rights and obligations of the participants relations are divided into power or subordination (vertically) and interaction or coordination (horizontally).

Power relations (subordination) arise between leading and subordinate subjects, are vertical relationships (subordination) that implement control influence.

3. By the nature of legal facts administrative-legal relations are divided into relations generated by lawful and unlawful facts (action or inaction). Administrative-legal relations determine such behavior of their participants, which corresponds to the adopted law or other regulatory act (prescription or requirement). In the prevailing cases, administrative-legal relations arise, change or terminate on the basis of legal facts generated by lawful actions. If these instructions and requirements are violated, then their protection is guaranteed and carried out in an administrative or judicial manner. The vast majority of administrative-legal relations are protected in the administrative-procedural order. The protection procedure is implemented in accordance with the procedure established by law by the competent authorities on the subjects of competence and within the scope of authority. A large amount of administrative offenses are protected in court. This method is more qualified and is devoid of the subjective factor of departmental bias. Administrative-legal relations protected in court are defined by the Law "On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens". A particularly large volume of administrative and legal relations related to the legal and illegal actions of participants arises between law enforcement agencies and individuals and legal entities. Depending on the nature of these relations, they can be power relations (consideration of cases of an administrative offense) or be characterized by equality of the parties (registration of citizens, issuance of a license, etc.).

Author: Chetverikov V.S.

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