Table of contents (expand)
- Public administration: basic concepts, management system, its features
- Social management: state and public
- Goals and functions of management, their classification. Management cycle
- Principles of organizing the activities of government bodies
- Public administration bodies: concept and functions
- Rule-making, regulation and control of public administration bodies
- Executive power
- Signs of executive authorities
- Constitutional principles for exercising the functions of executive power
- The concept of the branch of administrative law, its sources
- The subject and method of the branch of administrative law
- System of branch of administrative law
- Correlation of administrative law with other branches of law
- Science of administrative law
- Administrative law as an academic discipline and as a branch of legislation
- The mechanism of administrative and legal regulation
- Administrative and legal norms: concept and structure
- Classification of administrative and legal norms
- Implementation of administrative and legal norms
- The concept of administrative legal relations
- Signs of administrative and legal relations
- Elements and content of administrative-legal relations
- Classification of administrative legal relations
- Administrative and legal status of citizens. Citizenship
- Individuals as participants in administrative and legal relations
- Administrative and legal status of foreign citizens and stateless persons
- Executive authorities: concept, classification and system
- The system of federal executive bodies
- Structure of federal executive authorities
- Powers of the President of Russia in the sphere of executive power
- General powers of the government of the Russian Federation to exercise executive power
- Special powers of the government of the Russian Federation for the exercise of executive power
- Powers of the executive authorities of the constituent entities of the Russian Federation
- Powers of state institutions, administrations of local governments, organizations
- Civil service and employees: the concept and classification of positions
- Rights of civil servants
- Responsibilities of civil servants
- Restrictions and prohibitions related to the civil service
- Principles of civil service, requirements for official behavior of an employee
- Administrative offense: concept and signs
- Composition of an administrative offense
- Administrative responsibility: concept and common features
- Features of administrative responsibility
- Administrative punishment: concept, types and characteristics
- General rules for imposing an administrative penalty
- Liability of legal persons
- The concept of discipline and disciplinary responsibility
- Material liability
- Administrative process: concept and content
- Administrative process: features, content and principles
- Stages of the administrative process
- Proceedings in cases of administrative offenses
- Types of individual administrative cases and types of administrative proceedings
- Administrative jurisdiction
- Ways to ensure the rule of law and discipline
- Prosecutorial and administrative types of supervision
- Appeal against actions (decisions) of state bodies
- State bodies in the field of economic activity
- The system of executive authorities in the field of agriculture (agriculture)
- Powers of the Government and the Ministry of Transport of the Russian Federation in the field of transport
- The system of federal executive authorities in the field of transport
- The system of executive authorities in the field of industry, energy and communications
- The system of executive authorities in the field of industry, energy and communications (continued)
- Executive authorities in the field of financial relations
- The system of executive authorities in the field of education and science
- The system of executive authorities and the administrative and legal framework for regulating relations in the field of culture
- The system of executive authorities in the field of health and social development
- The system of executive authorities in the field of state defense management
- The system of executive authorities in the field of security
- The system of executive authorities in the field of internal affairs
- The system of executive authorities in the field of justice
- The system of executive authorities in the field of foreign affairs
48. LIABILITY
As a rule, the establishment and implementation of liability measures are primarily the area of regulation of relations between civil and labor law. However, administrative law partially regulates these relations. For example, with the help of its norms, the powers of bodies and officials related to compensation for material damage in an administrative manner are determined. If the employee refuses to voluntarily compensate for material damage by order of the head of administration, this amount is withheld from the employee from his salary.
If, as a result of an administrative offense, property damage has been caused to a citizen, enterprise, institution or organization, then the competent authority, when deciding on the imposition of a penalty, has the right to simultaneously decide on the issue of compensation for property damage by the guilty person.
The material liability of a civil servant arises as a result of an official misconduct, as a result of which material damage to state property has been caused. Liability is expressed in the indisputable compensation to the employee of the property damage caused to them.
Liability for damage caused to the state occurs in the presence of: direct damage; a causal relationship between misconduct and harmful consequences; the guilt of the offender; unless the offense is qualified as a crime.
Liability can be realized either in pre-trial (administrative) or in court.
Compensation for material damage in the administrative order is also provided for in the Labor Code of the Russian Federation. If the employee refuses to voluntarily compensate for the damage caused by him to the enterprise, institution, organization, the damage is compensated by order of the administration by deduction from wages, if the amount of damage to be recovered does not exceed his average monthly earnings.
Military personnel and persons liable for military service called up for training, who are guilty of causing property damage to the state in the performance of their official duties, bear material liability on the basis of the Federal Law of July 12.07.1999, 161 No. in accordance with labor law. Military personnel and persons liable for military service called up for training do not bear material liability when the damage is caused as a result of the conscientious execution of an order or service risk justified in these specific conditions, or damage is caused as a result of lawful actions.
In each specific case, an administrative (official) investigation is carried out in order to establish the causes of the damage, to identify its size and the perpetrators, except in cases where the perpetrators are established by an audit, inspection, inquiry, investigation or court. Upon completion of the administrative investigation or the receipt of audit materials, the commander or chief issues an order to recover the appropriate amount from the guilty serviceman or the person called up for military training.
Author: Chetverikov V.S.
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