Administrative law. Administrative process: features, content and principles (most important)

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Administrative law. Administrative process: features, content and principles (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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50. ADMINISTRATIVE PROCESS: FEATURES, CONTENT AND PRINCIPLES

Features of the administrative process.

The administrative process is mainly based more on jurisdictional basis, however, the administrative-procedural aspect of the administrative process also has its own compelling justifications. As a rule, both of these aspects of the administrative process are not in conflict, but rather complement each other.

They have the following similar traits:

1) the mainly extrajudicial nature of the resolution of individual administrative cases;

2) the individuality of the resolution of these cases;

3) are regulated, as a rule, by one legal act.

At the same time, a judge, body, authorized official has the right to take actions both to resolve an administrative-legal dispute and to carry out law enforcement functions that do not fully relate to activities of a jurisdictional nature. For example, when exercising control and supervision functions, procedural actions are carried out by authorized bodies of executive power, state administration, but there is no administrative and legal dispute between the participants in these relations.

Administrative and procedural activities executive authorities, public administration is manifested in such management functions as registration, licensing, accreditation, quotas, etc.

Administrative and jurisdictional activities implies the existence of a dispute, while administrative and procedural activities can be manifested in the implementation of permissive, registration, incentive, incentive, coordination and other functions. Therefore, administrative and procedural aspects are complexly manifested in the administrative process in the implementation of specific administrative relations.

The procedure for resolving cases in the field of activity of executive authorities, public administration proceeds from the principles of the administrative process and the norms that determine the procedural rights and obligations of participants in these relations.

Basic principles of the administrative process: legality; equality of arms before the law; objectivity; publicity, openness; doing business in the national language; the right to use the services of a lawyer; economy of the process; the responsibility of officials for the correctness of the resolution of cases; the right to appeal decisions.

Being a type of administrative and procedural activity of a jurisdictional nature, administrative proceedings in cases of administrative offenses can be considered in a certain sequence of stages of the process, each of which has its own procedural purpose.

Author: Chetverikov V.S.

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