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Administrative law. Individuals as participants in administrative and legal relations (the most important)

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25. INDIVIDUALS AS PARTICIPANTS OF ADMINISTRATIVE LEGAL RELATIONS

Subjects of administrative legal relations - specific participants, parties to legal relations, endowed with duties and rights in the field of executive power, public administration and capable of actually implementing these relations.

Subjects of administrative law may become subjects of administrative-legal relations if there are:

1) an administrative-legal norm providing for the implementation of the rights and obligations of the parties (subjects of legal relations);

2) legal fact (lawful or illegal action, inaction), legal event;

3) administrative legal capacity and legal capacity of the subjects of these relations.

Feature of individuals as participants in administrative legal relations is that they act as individuals, i.e., they exercise their subjective rights and obligations of a person and citizen in the sphere of executive power, public administration, and not the rights and obligations of legal entities or their authorized officials.

Administrative legal relations with the participation of individuals may arise in connection with:

1) with the exercise by individuals of their constitutional rights in the field of administrative and legal relations;

2) in violation of the rights, freedoms and legitimate interests of a person and a citizen, committed by executive authorities, state administration, administrations of local self-government bodies, their officials;

3) with the implementation of duties by individuals in the field of activity of executive authorities, state administration, administration of local self-government bodies;

4) in violation by individuals of their legal obligations in the field of activities of executive authorities, public administration.

According to Art. 32 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to participate in the management of state affairs, both directly and through their representatives. Citizens of the Russian Federation have equal access to public service.

In accordance with Art. 33 citizens of Russia have the right to apply personally, as well as to send individual and collective appeals to state bodies and local governments.

The Constitution of the Russian Federation, laws and other normative acts define a number of special legal norms, which are aimed at protecting the rights and freedoms of citizens from any violations. Everyone has the right to protect their rights and freedoms by all means not prohibited by law, and has the right to compensation from the state for damage caused by illegal actions (or inaction) of state authorities or their officials (Article 53), etc.

Legislated procedural order, which is a guarantee of the legal and justified bringing of citizens to administrative responsibility for their unlawful actions in the sphere of activity of executive authorities and public administration.

Author: Chetverikov V.S.

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