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
57. APPEAL OF ACTIONS (DEcisions) OF STATE BODIES
Appeal - exercise by citizens of their right to file a complaint with the court if their rights and freedoms are violated by unlawful actions (decisions) of state bodies, local self-government bodies, institutions, enterprises and their associations, public associations or officials, civil servants (Federal Law “On Appeal in court of actions and decisions that violate the rights and freedoms of citizens").
The Constitution establishes that Russian citizens have the right to protect their rights and freedoms by all means not prohibited by law, to apply personally, as well as to send individual and collective appeals to state bodies and local governments.
According to Federal Law No. 59-FZ "On the procedure for considering applications from citizens of the Russian Federation" proposal - recommendation of a citizen on the improvement of laws and other regulatory legal acts, the activities of state bodies and local governments, the development of public relations, the improvement of socio-economic and other spheres of activity of the state and society; statement - a citizen's request for assistance in the exercise of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a report on a violation of laws and other regulatory legal acts, shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials; a complaint - a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons. All this is united by the concept "citizens' appeals".
Ways to consider and resolve complaints from citizens - administrative and judicial.
The disadvantage of the administrative procedure for considering complaints is that they are resolved by the interested executive authorities, while behind the scenes, in the absence of the complainant, moreover, often by employees who do not have legal training. Therefore, well-founded complaints often go unanswered. This procedure cannot be fully recognized as effective in matters of protecting the rights and freedoms of citizens.
The judicial resolution of the issue may be preceded by its consideration in the order of subordination by a body or an official. This creates an opportunity to quickly correct a mistake without bringing the case to court, and promotes a responsible attitude to administrative decisions.
Actions (decisions) that can be appealed to the court, - collegial and individual actions (decisions), as a result of which:
a) the rights and freedoms of a citizen are violated;
b) obstacles have been created for a citizen to exercise his rights and freedoms; c) a citizen is illegally assigned any duty or he is illegally brought to any responsibility.
A complaint is filed at the discretion of a citizen either to the court at the place of his residence, or to the court at the location of the body, official. A serviceman has the right, in the same manner, to apply to a military court with a complaint against the actions (decisions) of a military command and control body and military officials.
Author: Chetverikov V.S.
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