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Administrative law. Ways to Ensure Law and Discipline (Most Important)

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55. WAYS TO ENSURE LEGALITY AND DISCIPLINE

Legitimacy - Uniform understanding, awareness and observance of the norms and rules of the current legislation, primarily by public authorities, public organizations and other non-governmental associations, officials and citizens.

Ways to ensure legality - control, supervision and appeal (implementation of the right to complain).

Control - this is a system for monitoring and checking the process of functioning of an object in order to eliminate its deviation from the specified parameters.

Signs of control as a way to ensure the rule of law: there are relations of subordination or jurisdiction between the controlling body (official) and the controlled object; the object of control is both the legality and expediency of the activities of the controlled, and the controlling has the right to interfere in the current administrative and economic activities of the controlled; the controller is often given the right to overrule the decisions of the controlled; in some cases, the controlling person has the right to apply measures of influence to the controlled person for committed offenses.

Forms of control activity: listening to reports, information and messages, inspections, examinations, monitoring the actions of the controlled (for example, on issues of registration, licensing, certification), studying the business and personal qualities of candidates for positions, coordinating the activities of control bodies, handling complaints, etc.

Supervision as a way to ensure the rule of law in the sphere of executive power - constant, systematic monitoring by special state bodies of the activities of bodies or persons not subordinate to them in order to identify violations of the law. At the same time, the assessment of the activity of the supervised object is given only from the point of view of legality, but not expediency. Therefore, during supervision, unlike control, interference in the current administrative and economic activities of the supervised is not allowed.

Prosecutor supervision is carried out for the uniform execution and observance of laws by all state bodies and its officials, as well as non-state associations and their officials.

Administrative supervision - a specific type of state control, the essence of which is to monitor the implementation of special norms, generally binding rules by federal supervision.

Types of powers of bodies exercising administrative supervision:

1) to prevent crime;

2) to suppress crime;

3) on rule-making;

4) to bring the offender to legal responsibility.

The most common way to ensure the rule of law and discipline in public administration is the right of citizens to file a complaint on actions or inaction of state bodies and their officials that infringe on the rights and freedoms of citizens.

Author: Chetverikov V.S.

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