Administrative law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Administrative law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. STATE ADMINISTRATION: BASIC CONCEPTS, MANAGEMENT SYSTEM, ITS FEATURES

Studying the basic concepts, provisions and institutions of administrative law as one of the main branches of public law, one should comprehend the term itself "administrative", meaning translated from Latin "managerial or leading", i.e. having a state, authoritative character.

At its core, administrative law - state management law, realizing the public legal interest of the majority of citizens, for which the subjects of management are endowed with legal powers. Consequently, the subject and object of legal norms are managerial relations (more precisely, behavior) that arise between the subjects of management, exercising their rights and obligations. These managerial relations are both intra-organizational and external for the implementation of the functions and tasks facing the authorities, the state and society as a whole.

Management system - a set of two or more elements (subsystems), interconnected and interdependent among themselves and forming an integral unity.

Types of control systems: social (state and public), biological and technical. We consider the concept of a state management system that closely interacts with public management systems.

Signs of a control system

First sign control system: it has two or more elements (subsystems), i.e. a control element (powerful subject of law) and a controlled element of the system (subject to law). As a rule, the system of a particular control body is both a control system in relation to a lower controlled subsystem and a control system in relation to a higher control control system, i.e. the systems are hierarchical (subordinate).

Second sign management systems are interrelation and interdependence, which is regulated both by social norms (traditions, customs, morality, etc.) - these management relations have social and imperious character, - and legal. The relationships of interconnection and interdependence that arise between the managing and managed systems, one of which is necessarily a legal entity of state ownership, municipal or mixed, are regulated by administrative legal norms and rules and have state-imperious character.

Third sign management systems: the integral unity of the system is understood as an integrated quality, and not as an arithmetic sum of the qualities of the functioning elements of the system. That is, the relationship between the elements of one system is always closer than with the elements of other systems or the external environment.

2. SOCIAL MANAGEMENT: STATE AND PUBLIC

Public administration - this is a conscious and purposeful impact carried out by special authorized state and municipal authorities (mainly executive) in terms of jurisdiction and within the scope of authority on the basis and in the manner prescribed by law, using a system of measures of persuasion and administrative coercion to ensure decent living conditions for the individual , families and society as a whole.

public administration state affairs are carried out mainly by political parties, trade unions, public associations and other non-state organizations, as well as citizens of the Russian Federation (Articles 32, 33 of the Constitution of the Russian Federation).

These two types of social (state and public) management are not opposed, but complement each other, forming an integral system of social management.

Signs of social (state and public) management:

▪ conscious (volitional) nature of the influence of the subject of management on the objects of management. It can be implemented in various methods and forms in accordance with the content of the management system, its dependence on the influence of various factors and environmental conditions;

▪ purposefulness of influence, since the goal of public administration has not only an objective nature of the development of society, but also a subjective refraction, since it reflects the interests of certain classes, social groups or the majority of citizens of the country. In acts of management, the requirement of legality is combined with the requirement of expediency;

▪ presence in the control system controls:

1) the subject of management - the head;

2) control objects - subordinates;

3) direct communications (orders, commands, instructions, etc.);

4) feedback (information received by the subject of management (manager) about the results of the work of subordinates, including various forms of control);

▪ legal regulation of the management organization process. Administrative legal norms establish the division of labor, functions, rights, responsibilities of management subjects, help to increase the responsibility of each link of the management system in society, eliminate duplication and substitution of some management bodies by others, fixing the division of functions and tasks in terms of jurisdiction and the scope of powers of a specific management body . Administrative legal regulations organize the activities of executive authorities and public administration, giving them purposefulness, orderliness and consistency.

3. GOALS AND FUNCTIONS OF MANAGEMENT, THEIR CLASSIFICATION. MANAGEMENT CYCLE

Classification of management objectives:

▪ by content (eg economic, social, political, ideological, scientific and technical);

▪ by levels of management (national, sectoral, intersectoral, territorial and local).

All goals are subordinate to each other hierarchy of goals); general, strategic goals are specified in a variety of subgoals (branching of goals), some goals are more important, paramount or priority compared to others (goal ranking). Sometimes the goal hierarchy is called the "goal tree". However, the priority of goals is "movable", as it depends on the influence of environmental factors. Therefore, in practice, in rational management, they often deal with the priority of the goal in real time, i.e., the formulated priority goal should be adequate to the actions of factors and environmental conditions.

Classification of functions of controls:

1) the main (subjective) functions for the implementation of which the relevant executive authority, state administration has been established;

2) providing - functions that are necessary for the successful implementation of subject functions. For the implementation of supporting functions, special organizational structures are created, usually they are structural subdivisions of a management body formed to implement substantive functions.

The supporting functions include: legal, informational, intraorganizational, personnel, financial, logistical, social, etc., creating favorable conditions for the implementation of the subject functions of the relevant management body.

In terms of content, management is reduced to a set of cyclically repeating stages for the implementation of management functions (the so-called management cycle). It can be detailed to varying degrees depending on the objectives of the study, and in terms of content, the management cycle is those management relations that are regulated by the norms of administrative law.

Management cycle - a recurring set of successively implemented management operations or stages, as and during the implementation of which the subject of management achieves the desired results (intermediate or final).

There is no consensus in the literature about the number of stages of the management cycle.

Control cycle:

1) identifying and understanding the current management problem;

2) formulating goals and setting tasks;

3) preparation and adoption of management decisions and their legal consolidation;

4) organization of execution of management decisions;

5) correction of the management decision and regulation of the management system.

The purpose of administrative and legal regulation - creation of stability of managerial relations in an already organized and orderly system in order to increase the likelihood of the realization of knowledge, experience, rights, freedoms and legitimate interests of all subjects of administrative law.

4. PRINCIPLES OF ORGANIZING THE ACTIVITIES OF STATE ADMINISTRATION BODIES

Exist special principles, which reflect the specifics of the organization and activities of individual government bodies: for example, the bodies of the FSB, the Ministry of Internal Affairs use those regulated by laws principles of conspiracy, a combination of public and secret forms of activity, eg. in the fight against organized crime and other especially dangerous crimes. And organizational principles:

The principle of planning and forecasting - development of comprehensive federal programs for the implementation of dynamically sustainable development of social processes based on the known objective laws, patterns of social management.

The principle of objectivity - analysis and accounting of the actual state of the management process, its sustainable and dynamic development, as well as the determination of comprehensive measures to maintain the required level of the management process.

The principle of differentiation (separation) and fixation of functions and powers each of the governing bodies and their officials, which is extremely important for the correct selection and placement of personnel in accordance with their professional training and work experience.

Scientific principle is expressed in the application of scientific methods of knowledge of the laws and patterns of the management process, their theoretical systematization and use in practice, the use of scientific methods and means of collecting, processing, summarizing and analyzing information about the state of the control object, its processing using quantitative methods based on a computer, as well as identifying and comprehending urgent problems, forming priority goals for their resolution, setting goals, determining effective ways and means of solving them.

Principle of rationality, i.e., the feasibility of achieving the desired result lies in the fact that the goals and objectives of management must be achieved with the least resource costs (forces and means, financial, time resources, etc.).

The principle of responsibility management bodies and their officials for the results of their work in general. This is ensured by the regulatory and legal consolidation of powers, tasks, functions, forms and methods of work.

The principle of combining unity of command with collegiality implemented in almost all executive authorities, even where the main principle of management is unity of command (for example, in the Ministry of Internal Affairs of the Russian Federation).

Linearity principle provides the manager with the ability to implement all functions and tasks in relation to his subordinates and be personally responsible for the results of the work of the management body in the areas of his competence and within his competence.

The principle of dual subordination provides a combination of the beginnings of centralization in leadership, taking into account local conditions, for example. administration of public security militia units and municipal militia.

The principle of unity and centralization typical for industry and especially for paramilitary executive authorities.

5. BODIES OF STATE ADMINISTRATION: CONCEPT AND FUNCTIONS

Some authors understand the system of public administration only as a system of executive authorities, and this judgment is based on their functions.

Federal executive authorities (FOIV) carry out such functions of state administration as legal regulation, state control, administrative supervision, fiscal functions, management or coordination in the scope of their competence and within the scope of their competence. These are important functions of public administration, but not all.

Government bodies according to the subjects of their jurisdiction and within the scope of their competence, they independently carry out executive and administrative functions, primarily control and supervisory ones.

Government bodies include almost all linear and functional subdivisions of executive authorities that carry out executive and administrative functions in terms of jurisdiction and within the scope of competence, but do not have such functions of executive power as the implementation of state policy and rule-making. An exception (partial) is cases when part of the powers of federal executive authorities with the right to appoint an official can be transferred to territorial government bodies.

Functions of public administration:

1) forecasting changes in the development of any objects or phenomena in the management process based on the information received about the past and present, taking into account all conditions and factors of influence; for example, taking into account forecasting, federal and regional programs of the main directions of state activity are being developed;

2) planning activities in the process of public administration for the implementation of federal and regional programs regulated by government acts;

3) identification and comprehension of urgent problems, formulation of goals, setting goals, determining the list of measures for solving problems, choosing specific quantitative and qualitative indicators and criteria for assessing the organization of management activities;

4) development of options, justification and adoption of a rational decision (in legal form) and organization of its implementation;

5) administration (leadership) and coordination of actions of state administration bodies that are not subordinate to each other in order to improve their interaction;

6) legal regulation of relations in the internal and external spheres of public administration on the subjects of jurisdiction and within the scope of competence;

7) control in order to identify and eliminate deviations in the process of public administration, compliance with rules and regulations and taking disciplinary measures against those responsible;

8) accounting for the availability of financial, human, material and technical and other resources;

9) information support and information and analytical work;

10) personnel, logistics, financing, etc.

6. STANDARD-MAKING, REGULATION AND CONTROL OF GOVERNMENT BODIES

Objectives of normative activity are as follows:

1) legally consolidate the relevant relations and ensure their legal regulation and protection;

2) ensure the formation of new relations that are absent at this stage of socio-economic development, but taking into account the factors and conditions necessary for solving long-term tasks;

3) eliminate in stages negative or obsolete relations that hinder the development of new progressive trends with the help of methods of persuasion, stimulating economic and socio-psychological methods, methods of administrative and legal coercion.

In accordance with the Decree of the President of the Russian Federation of 03.03.2004 No. 314, as amended. dated May 12.05.2008, XNUMX

norm-creative functions carried out only by federal ministries, with the exception of federal services and federal agencies subordinate to the President of the Russian Federation.

Regulation (including legal) is a management activity, in the process of which a kind of adjustment of an already organized management system is made in relation to the changing external and internal conditions of its functioning. Changes in conditions cause the system to deviate from the given parameters. Elimination of such deviations, ensuring the normal functioning of the system is the main task of regulation as a control function. The need for regulation is determined both by constant changes in the system itself, which lead to violations, failures in its functioning, and by changes in factors and conditions of the external environment.

In addition to the function of legal regulation, the governing bodies, their authorized officials also carry out such a management function as control. The absence of a Federal Law on unified state control, in essence, deprives state authorities and management of the necessary feedback, i.e., receiving timely, complete and reliable information about the results of the functioning of the system of executive authorities, which casts doubt on the possibility of effective management of state affairs due to incomplete or false information about processes taking place in the state and society.

Control - a form of feedback that allows you to establish how accurately the parameters of the system functioning set by the subject of control are implemented.

Control objectives:

▪ direct all activities towards the fulfillment of pre-established tasks by checking the actual state of affairs, the degree of reality of the implementation of decisions made;

▪ improvement of activities through timely detection and elimination of deviations that have arisen and their causes.

7. EXECUTIVE POWER

The history of the emergence of the term "executive power" abroad has a long history as the principle of separation of powers and the creation of a system of "checks" and "balances", i.e. an increase in the volume of power of any state body or official should be adequate to an increase in the volume of responsibility in order to avoid uncontrolled types of state power.

Theory of separation of legislative and executive powers, developed by the English philosopher John Locke (1632-1704), was subsequently developed and supplemented by an independent judicial power by the French jurist Charles Montesquieu (1689-1755), and it is used for state development, taking into account the historical and national characteristics of different countries. In Russia, executive power was first legislatively enshrined as an independent form of state power in Art. 10, 11 and 110 of the Constitution of the Russian Federation of December 12.12.1993, XNUMX

In Art. 10 fixed three forms of state power, and in Art. 11 of the Constitution of the Russian Federation already defines four bodies of state power. Executive power has its own specific features (signs) both at the federal level and at the level of subjects of the Russian Federation:

1. The highest link (subsystem) of the executive body of the Russian Federation is the Government of the Russian Federation.

2. Delineation of the subject of jurisdiction, its boundaries and the procedure for the adoption of administrative legal acts at the federal level and at the level of constituent entities of the Russian Federation.

3. Management acts are always adopted on the basis of the Constitution of the Russian Federation, Federal Laws, Federal Laws and decrees of the President of the Russian Federation.

5. The current system of federal executive authorities, in accordance with Decree of the President of the Russian Federation of March 09.03.2004, 314 No. XNUMX, has two blocks - “presidential” and “government”, which have their own levels of the system.

The special role of the executive branch lies in the fact that all the most essential attributes of state power are at the disposal of its subjects (for example, finances, means of communication, the army, internal troops, police, internal and external security services, etc.).

Executive power by its nature is not identical to administrative power, since administrative power is primarily the implementation of extrajudicial, i.e. administrative, coercion.

8. SIGNS OF EXECUTIVE AUTHORITIES

1. The highest link (subsystem) of the executive body of the Russian Federation is the Government of the Russian Federation - a collegial body that carries out its functions in the form of adopting (collegially) resolutions, which are subordinate regulatory legal acts on the subjects of jurisdiction of the Russian Federation and joint subjects of the Russian Federation and constituent entities of the Russian Federation and are binding throughout territory of the Russian Federation. enshrined in the Constitution principle of unity of command in determining the main areas of activity by the Chairman of the Government of the Russian Federation, he also organizes the work of the Government of the Russian Federation. Similarly - in state administration and executive authorities of the subjects of the Russian Federation, except that the head of the subject of the Russian Federation is also the highest official of the executive power of the subject of the Russian Federation, which differs significantly from the federal level.

2. At the federal level, administrative legal acts are adopted on the basis of the Constitution of the Russian Federation, Federal Laws, Federal Laws, and regulatory decrees of the President of the Russian Federation. At the level of the constituent entities of the Russian Federation, executive authorities in the subjects of their jurisdiction have full state power and make decisions on the basis of the norms of the constitutions of the republics within Russia and the norms of the charters of the constituent entities of the Russian Federation, as well as other laws of the constituent entities of the Russian Federation.

3. Acts of executive authorities are always adopted on the basis of the Constitution of the Russian Federation, Federal Laws, Federal Laws and decrees of the President of the Russian Federation.

4. State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation and the courts of the Russian Federation (Article 11 of the Constitution of the Russian Federation), i.e. here the composition of public authorities is different, in contrast to Art. 10 of the Constitution of the Russian Federation, which specifies three forms of state power. In addition, in Art. 11, instead of executive authorities, the Government of the Russian Federation is indicated, which is far from the same thing. At the level of the constituent entities of the Russian Federation in accordance with Art. 10 of the Constitution of the Russian Federation there are three forms of state power: legislative, executive, headed by the president of the republic or the head of a subject of the Federation, and judicial.

5. The current system of federal executive authorities, in accordance with Decree of the President of the Russian Federation of May 12.05.2008, 724 No. XNUMX, has two blocks - “presidential” and “government”, which have their own levels of the system. The first level of the control system of the “presidential block” is the President of the Russian Federation personally with his staff. The second level of the managed and at the same time managing system is the federal ministries, services and agencies, which have the legal status of federal ministries, since they are directly subordinate to the President of the Russian Federation, implement state policy in their field and have the right to adopt regulations on their subjects of jurisdiction. The third level is a managed subsystem, consisting of federal services and agencies, which are federal executive authorities and are under the jurisdiction of federal ministries. In the "government block" the first level is the Government of the Russian Federation, the second - federal ministries and the third - federal services and federal agencies under the jurisdiction of federal ministries.

9. CONSTITUTIONAL PRINCIPLES FOR THE FUNCTIONS OF THE EXECUTIVE POWER

The principle of democracy - the people are the bearer of sovereignty and the only source of power, they exercise their power directly and through public authorities, including executive authorities and local governments. Control over the activities of executive authorities should be carried out both by representative and judicial authorities, and directly by the people. At the same time, various forms of control over the work of the administrative apparatus and officials are used.

The principle of social justice It is enshrined in the social policy of the state, which is aimed at creating conditions that ensure a decent life and free development of a person.

The principle of democracy carried out in two main forms: direct - in referendums, free elections, meetings, conferences, gatherings of citizens, filing petitions (collective appeals of citizens to improve legislation), etc.; representative - through elected bodies of state power and local self-government bodies.

Principle of the rule of law means a hierarchical legal system in accordance with the legal significance of normative legal acts. The fundamental law of the state, the Constitution of the Russian Federation, has the highest legal force. All normative-legal acts must be adopted on the basis of and in pursuance of the basic law.

The principle of delimitation of subjects of jurisdiction and powers manifests itself in the fact that the acts of executive authorities of the federal level and the level of subjects of the Russian Federation should not be contradictory. The federal executive authorities create their own territorial structures and appoint appropriate officials, and also, by agreement with the executive authorities of the constituent entities of the Federation, transfer part of their powers to them, if this does not contradict the Constitution of Russia and the Federal Law. In turn, the executive authorities of the constituent entities of the Federation also transfer part of their powers to them.

The principle of legality in contrast to the rule of law means that public authorities, including the executive, local self-government bodies, officials, citizens and their associations are equal before the law and are obliged to comply with them.

The principle of priority of human and civil rights. All government bodies, and primarily executive authorities, are responsible for non-compliance with these rights.

The principle of publicity implies openness of legislation, accessibility and accountability of state institutions and officials on issues affecting the interests of citizens.

The principle of federalism presupposes state integrity, unity of state power, delimitation of subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation.

The principle of objective consideration of national characteristics. Numerous interethnic conflicts require careful study of this principle and consideration when organizing the activities of executive authorities.

10. THE CONCEPT OF THE BRANCH OF ADMINISTRATIVE LAW, ITS SOURCES

Administrative law is one of the main public branches of law and is intended primarily to regulate managerial relations in the field of activity of executive authorities (hereinafter referred to as state and local self-government).

Administrative and legal norms they also regulate managerial relations in the course of activities of other forms of exercising state power (legislative, judicial), their service apparatuses, in the field of activity of the institution of the presidency and its service structures, as well as in the offices of the prosecutor's office, state control, military administration, the apparatus of the CEC of the Russian Federation, the Accounts Chamber and other state bodies, as well as managerial relations arising in the field of non-state administration, for example. in connection with the implementation by public associations of certain functions of state administration (DND, comrades' courts, commissions for minors and the protection of their rights, etc.).

Administrative law as a conceptual category means, first of all, public administration law as a public sector, since the object of regulation of its norms and rules are managerial relations that arise between powerful and subject subjects of law.

The initiating party in administrative-legal relations, as a rule, is the subject of management, which has state-imperious powers in relation to the subject of management, which has powers, i.e. the right to demand observance, execution and protection of their rights, freedoms and legitimate interests.

Administrative law as a branch of law - this is a set of norms, rules of conduct established or sanctioned by the state, its authorized authorities, officials, provided with measures of state coercion, in order to regulate managerial relations arising in the field of activity of executive authorities, state administration, as well as in the activities of other state bodies authorities and their apparatuses, in the activities of non-governmental organizations legally authorized to exercise managerial functions.

Sources of administrative law - various forms of their legislative expression. The norms of administrative law are contained in normative legal acts of various meanings and nature. Administrative and legal norms may be contained in the normative acts of other branches of law.

The sources of administrative law include:

1) the Constitution of the Russian Federation and the constitutions of the republics within Russia, the charters of other constituent entities of the Russian Federation, the FKZ, the Federal Law and the laws of the constituent entities of the Russian Federation;

2) resolutions of the chambers of the Federal Assembly, representative authorities of the constituent entities of the Russian Federation;

3) decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, similar acts at the level of subjects of the Russian Federation;

4) legal acts of authorized executive bodies at the federal level and the level of subjects of the Russian Federation;

5) decisions of administrations of local self-government bodies.

11. SUBJECT AND METHOD OF THE BRANCH OF ADMINISTRATIVE LAW

Subject of the branch of administrative law - managerial relations that arise in the process of implementing state-power functions and tasks to achieve the goals of administrative and legal regulation by executive authorities, public administration and their authorized officials. In addition, the norms of administrative law protect public relations regulated by other branches of law, for example. land, mining, water, financial, customs, tax, municipal, housing, etc.

The object of administrative law are also administrative-procedural and other organizational-legal relations in the field of activity of the apparatuses of executive power, public administration, as well as intra-organizational managerial relations in the apparatuses serving the institution of the President, legislative authorities, courts, prosecutors, the Accounts Chamber, the Central Election Commission, etc.

If the subject of a branch of law is greatly narrowed, then the branch itself becomes impoverished, loses a lot; if the boundaries of the subject are expanded to the boundaries of the object, then the independence of the subject of the branch of law itself can be lost, since it merges with the subjects of other branches of law.

Administrative method - this is a power method carried out on behalf of the state by executive authorities, state administration and their authorized officials, its implementation is guaranteed and ensured by state measures of persuasion and coercion. In certain cases, by law, this authoritative method can be delegated to other non-state bodies on the basis and in the manner prescribed by law (for example, DND for the delivery of an offender and the preparation of an administrative protocol).

In addition to the administrative (imperious) method, administrative law widely uses administrative and contractual methods, eg. concluding a contract for military service or other specialized service in government agencies. During the conclusion of an administrative contract, the principle of equality of the parties applies, but when the contract service agreement is signed by the parties, administrative methods come into effect. However, there is an exception when an equal administrative agreement is concluded between the executive authorities of the constituent entities of the Russian Federation or between the executive authority of the constituent entity of the Russian Federation and the federal executive authority. Administrative law also uses incentive methods administrative activities, various incentives (moral and material), tax benefits, etc. Methods of administrative coercion are used much less frequently, since these are expensive methods and not always effective. The methods of public administration and regulation in the new economic conditions are undergoing major changes in accordance with the conditions and actions of environmental factors, the level of legal awareness of citizens and state officials as subjects of administrative and legal relations.

12. SYSTEM OF THE BRANCH OF ADMINISTRATIVE LAW

System of branch of administrative law - this is a set of norms, rules of administrative law, interrelated and interdependent and forming a specific information and legal unity that ensures effective legal regulation of managerial relations in the field of activities of executive authorities, public administration, as well as relations in the field of managerial activities carried out by other state authorities and their serving devices and other subjects of administrative law authorized by law.

System of branch of administrative law includes two main subsystems - General and Special parts, which, in turn, can be subdivided into smaller subsystems.

A common part:

1) public administration, executive authorities;

2) administrative law as a branch of law, a scientific branch of knowledge and an academic discipline;

3) subjects of administrative law;

4) forms and methods of carrying out the activities of executive authorities, public administration;

5) administrative offense and administrative responsibility;

6) administrative jurisdiction;

7) administrative process and types of administrative proceedings;

8) legality and discipline in the activities of executive authorities, public administration.

Special part:

1) administrative and legal regulation in the sphere of economic relations;

2) administrative and legal regulation of relations in the socio-cultural sphere;

3) administrative and legal regulation of public administration in the administrative and political sphere;

4) administrative and legal regulation in other areas.

The main connecting link of a single subject of administrative and legal regulation is the managerial nature of relations that arise in all these spheres and areas of state activity.

The main task of the discipline - to assist in the study of the branch and science of administrative law, the development of legislative and law enforcement practice, as well as to learn the basic terms, categories, concepts, provisions and institutions of administrative law, the main tasks of science, the purpose of which is to understand the objective laws and patterns in management activities with the purpose of its improvement.

13. CORRELATION OF ADMINISTRATIVE LAW WITH OTHER BRANCHES OF LAW

Most close connection with constitutional law, which regulates the main social relations that develop in the sphere of government, the organization of types of state power, the procedure for the formation and organization of activities of executive authorities of the Russian Federation.

Connection with municipal law. Local governments are not included in the system of state authorities. Their activities may be the object of administrative law if they are vested with certain state powers by law. There are many different administrative commissions within local governments that are authorized to consider and resolve cases of administrative violations.

Connection with the discipline "Law enforcement and law enforcement agencies". Many executive and public administration bodies carry out law enforcement as their main (subject) functions; the status of law enforcement agencies is determined by administrative norms.

Relationship with financial, tax and customs law. Administrative law determines the competence of the subjects of these industries, regulates the organization of their activities, and also regulates the administrative procedural procedure for considering cases and bringing to administrative responsibility.

Connection with land law, the norms of which regulate relations between land users and the state. At the same time, executive authorities lease land plots, seize them, and control their rational use.

with labor law there is also a connection in the sphere of regulation by the norms of administrative law of the official duties and rights of officials, the passage of a special public service (defense, internal affairs, security service, etc.).

Relationship with civil law on the issues of regulation of property relations on the part of executive authorities, government bodies, their officials is also carried out by the method of power - subordination.

Connection with criminal law carried out according to the qualification of the composition of the administrative offense, according to the degree of public danger of the act; if criminal liability is not provided, then within two months the issue of bringing the offender to administrative punishment is resolved.

Relationship with criminal procedure, civil procedure law and judicial legislation. The main difference lies in the procedure for using the functions of administrative power, i.e., there is an extrajudicial nature of their implementation by executive authorities, their officials (jurisdictional powers) to consider and resolve management disputes and cases of administrative offenses.

There is connection with such branches of law as air, maritime, forestry, environmental, mining, customs, etc.. Relations in them are regulated by various branches of law, including administrative norms.

14. SCIENCE OF ADMINISTRATIVE LAW

Administrative law as one of the scientific branches of public law - a system of theoretical views, ideas and provisions on the branch of administrative law, the subject and method of its regulation.

Administrative Science as one of the scientific branches of law develops and theoretically systematizes objective knowledge, ideas, views, concepts, ideas and provisions on industry administrative law, its subject and method of regulation, law-making and law enforcement practice carried out by executive authorities, public administration, and administrations of local self-government bodies.

The subject of the science of administrative law - study of laws, patterns and features in the management activities of executive authorities, government bodies, their officials and ongoing management relations in other areas, the effectiveness of administrative and legal norms governing these relations, law enforcement practice, identifying properties in order to improve them .

Object of science of administrative law - managerial relations that are studied by science with the aim of improving them.

The main areas of research in the science of administrative law:

1) the subject of administrative law in modern conditions of the formation and development of executive power, public administration;

2) methods and forms of legal regulation in the activities of executive authorities, executive and administrative activities of government bodies in modern conditions;

3) the legal status of executive authorities, government bodies, administrations of LSG bodies as subjects of administrative and legal relations;

4) the legal status of individuals in the field of activity of executive authorities, state administration, administration of local self-government bodies;

5) administrative-legal status of state and municipal employees as subjects of administrative-legal relations;

6) legal status of non-state and public associations as collective subjects of administrative-legal relations;

7) administrative and jurisdictional activities, its jurisdiction in the resolution of administrative disputes and in the consideration of individual cases of administrative offenses;

8) liability under administrative law;

9) administrative offense and administrative responsibility;

10) administrative process and its types;

11) administrative proceedings and its types;

12) administrative and legal regulation of public administration in various fields, etc.

A special element of the subject of administrative law science is the law-making and law-enforcement activity of executive authorities, state administration and their officials. By studying the practice of applying administrative and legal norms, one can evaluate their effectiveness, identify gaps in legislation and defects in legal technique.

15. ADMINISTRATIVE LAW AS AN ACADEMIC DISCIPLINE AND AS A BRANCH OF LEGISLATION

Course discipline "Administrative Law" is a system of education, which is built on the basis of taking into account the industry and science of administrative law. The discipline of the course studies the basic concepts, provisions, institutions, principles and tasks of the science of administrative law, as well as the system of norms of the branch of law, law enforcement practice and the effectiveness of these norms, as well as the basic concepts, provisions, terms (legal definitions), allowing a deeper study of the discipline and scientific branch of law.

Administrative law as an academic discipline is studied in higher legal schools. The construction of the course system largely depends on the profile of the university where the discipline of administrative law is studied.

The discipline has its own characteristics, which are reflected primarily in the construction of the institutions of the course system. Its features include, first of all, the complexity and volume of the subject and object of regulation of managerial relations, without which no state and society can exist, since this public branch of law regulates relations in the field of public administration and protects the norms of other branches of law.

Administrative law as a branch of law - this is a set of legal norms and rules governing the behavior of subjects of legal relations in the process of exercising their rights and obligations in the field of activity of executive authorities (state and local self-government), public administration, their officials and managerial relations arising from the implementation of other forms of state power : legislative, institute of presidency, judicial, prosecutor's office of the Russian Federation, Accounts Chamber of the Russian Federation, Central Bank of Russia, etc.

16. MECHANISM OF ADMINISTRATIVE LEGAL REGULATION

System of elements of the mechanism of administrative and legal regulation - a set of elements and legal means that are interconnected and interdependent and form an information and legal unity for the purpose of streamlining the impact and sustainable development of management relations in the field of activity of executive authorities, public administration and other management relations regulated by administrative legal norms.

Elements of the mechanism of administrative and legal regulation:

1) norms of administrative law regulating the principles of organization and activities of executive authorities, public administration; formation of goals, setting tasks; definition of the functions, competence of executive authorities, public administration, contained in the Constitution of the Russian Federation, the Federal Law, the Federal Law, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, as well as similar regulations at the level of constituent entities of the Russian Federation and other regulations adopted by authorized bodies of state power and administration;

2) acts of interpretation of the norms of administrative law, as a rule, by the Constitutional Court of the Russian Federation, other judicial authorities;

3) individual acts;

4) acts of application of administrative law norms (acts of application, in contrast to ordinary individual acts, exercise jurisdictional (subordinate) powers);

5) administrative-legal relations in the sphere of activity of executive authorities, public administration are, first of all, powers, functions, tasks, forms, methods in the activities of subjects of law regulated by the norms of administrative law. Of particular importance in the system of elements of the mechanism of administrative and legal regulation is the legal awareness of citizens, methods of persuasion and administrative coercion. Legal awareness as a set of ideas, views, opinions that express certain attitudes of people, their social groups to the rules of law, law enforcement, legality, justice, their opinions about the legality or illegality of these types of legal relations.

The process of administrative and legal regulation - the consistent impact of legal methods and means to achieve the goals of regulating the behavior of participants in managerial relations in the field of activity of executive authorities, public administration.

17. ADMINISTRATIVE LEGAL RULES: CONCEPT AND STRUCTURE

Of particular importance in the functioning of the system of the mechanism of administrative and legal regulation are legal actsThat include includes the concept of normative and individual acts.

System of administrative normative legal acts - an interconnected and interdependent set of norms and rules, expressed in the form of administrative norms, provided with measures of persuasion and state coercion.

Features of the system of administrative normative legal acts consist in the fact that they are in a subordinate relationship with each other, the type of connection is determined by the legal force of these acts.

Administrative law norm, like a norm of another branch of law, is a general rule, a specific measure of possible, proper or mandatory behavior of participants in management relations, established or sanctioned by the state, guaranteeing their implementation by special measures of state incentives or coercion.

Features of administrative law is that they are the regulator of managerial relations that develop in the field of activity of executive authorities, public administration. Norms of administrative law may provide not only legal liability, but also encouragement for the exemplary performance of their official duties.

Administrative legal norms contribute to solving the following main tasks:

1) streamlining managerial relations and regulation of functions in the system of executive authorities, public administration;

2) regulation of communications and relations of various branches and spheres of branch and intersectoral management, coordination and interaction of state authorities and their service apparatuses with legal entities and individuals;

3) consolidation of scientifically grounded and rational relations between the subjects and objects of management activity with the aim of their optimization and sustainable dynamic development;

4) stimulation, prohibitive measures, determination of the degree and procedure for the application of measures of administrative coercion, including the application of types of punishment for administrative offenses or exemption from punishment.

The structure of the norm of administrative law - the method and form of the relationship of its elements. These elements are hypothesis, disposition and sanction. At the same time, encouragement is also inherent in the norms of administrative law.

Hypothesis of the administrative-legal norm - managerial relations, which it is called upon to influence under certain conditions.

Disposition - the rule of conduct of the parties prescribed by the norm. The disposition always implies a close relationship between the rights and obligations of subjects of law.

Sanction always contains an indication of the administrative punishment (or other coercive measures) applied to the offender.

Promotion - public recognition of the merits of a person in the performance of his legal duties and public duty, formulated in the disposition of an administrative legal norm.

18. CLASSIFICATION OF ADMINISTRATIVE AND LEGAL NORMS

1. According to the content administrative-legal norms are combined into legal institutions, with their help, administrative legal relations related in content are regulated. These are primarily the following groups (types) of norms:

1) regulating the order of formation, functions, tasks, structure and competence of the executive authority, public administration;

2) fixing the main provisions of the organization, the functioning and legal status of state enterprises, institutions and organizations;

3) establishing the optimal forms and methods for the implementation of the activities of executive authorities, public administration;

4) fixing the rights, duties and responsibilities of citizens and their public associations in the field of activity of executive authorities, state administration;

5) fixing and regulating the main provisions, principles of organization and activities of the institution of public service;

6) regulating ways to ensure the rule of law and discipline in the field of activities of executive authorities, public administration;

7) resolving issues of administrative jurisdiction (subordination) of legal resolution of administrative disputes and conflicts, consideration of individual cases of administrative offenses and the adoption of administrative coercive measures, including administrative punishment measures;

8) defining the provisions and principles of regulation of relations between the subjects of administrative law in the economy, industry, the agricultural sector, the economic sphere, the socio-cultural and administrative-political sphere and intersectoral management.

2. On the subject of legal regulation:

1) material - regulating the essence of managerial relations, the rules of conduct for subjects of administrative law in the process of exercising rights, duties, tasks, functions and powers;

2) procedural - regulating the procedure for the implementation of these managerial relations or the procedure, the procedure for considering cases of administrative offenses, making a decision on the type of administrative punishment, the procedure for appealing a decision and the procedure for executing a decision.

3. According to the impact method on the behavior of subjects of managerial relations:

1) binding;

2) authorizing;

3) forbidding;

4) stimulating;

5) conciliation.

4. In the form of a prescription administrative and legal norms are:

1) categorical (imperative);

2) advisory;

3) dispositional.

5. According to the method of action:

1) in space - all-Russian, within the limits of the subject of the Russian Federation, local legal acts, etc.;

2) by time - with a certain period of validity, unlimited, without a preliminary period of validity;

3) by subjects of regulation - in the field of activity of executive authorities, public administration, relating to individuals or legal entities, civil servants, non-governmental institutions.

19. IMPLEMENTATION OF ADMINISTRATIVE AND LEGAL NORMS

Forms of implementation of administrative and legal norms:

1) compliance;

2) execution;

3) use;

4) application.

The most widely used form of implementation is observance law, i.e. voluntary fulfillment by the subjects of managerial relations of the requirements prescribed by the administrative-legal norm.

Execution rights, in contrast to compliance, lies in the active lawful and positive actions of the subjects of managerial relations to fulfill the requirements contained in the norms. In certain situations, the passive behavior of the subject of management can be considered as an omission, bad faith, negligence.

Using law is the active and voluntary commission by subjects and objects of managerial relations of lawful actions that are associated with the implementation of subjective rights and obligations in the field of activity of executive authorities, public administration.

Application law always has an active, creative, state-powerful, organizing character, is carried out by the competent executive authorities, state administration.

Such a classification of the norms of administrative law allows you to quickly identify the subjects and the range of their relations in order to improve managerial relations.

Requirements for the application of administrative law:

1. Compliance with the law in the process of administrative rule-making and law enforcement practice in the field of management activities is duty executive authorities, state administration.

2. Optimal application of the norm in accordance with the purpose formulated in the rule of law and in connection with the specific conditions for its implementation. The subjects of management should carry out their functions and tasks with the minimum possible resource costs.

3. The validity of the application of the norm based on reliable facts. The justification for imposing an administrative penalty is exhaustively regulated in the Code of Administrative Offenses.

4. Scientific organization of law enforcement expressed:

a) optimization of the process of application of administrative and legal norms;

b) rational division of labor between the subjects of relations;

at) reasonable distribution of powers and competence between the subjects of administrative-legal relations;

d) using quantitative methods, modern computer tools and new information technologies;

d) using best practices.

5. Expediency of application of norms of administrative law is explained by the nature of the activities of executive authorities, state administration on the basis of the law and in pursuance of the goal laid down in the law.

6. Stabilization of managerial relations is one of the main goals of administrative and legal regulation, as it allows everyone to exercise their rights, freedoms, legitimate interests in any field of activity not prohibited by law.

20. CONCEPT OF ADMINISTRATIVE LEGAL RELATIONSHIPS

Administrative legal relations - Regulated and protected by the norms of administrative law, managerial relations of the parties (powerful and subject), emerging in the field of activity of executive authorities, public administration, as well as managerial relations arising in the implementation of the functions and tasks of public administration by other public authorities, as well as managerial relations that arise in the sphere of non-state administration in connection with the (legitimate) implementation of the functions and tasks of public administration by these entities.

In administrative legal relations, as the main element of the mechanism of legal regulation, the provisions of one or another norm of administrative law are individualized, the nature, rights, duties, functions, tasks and responsibilities of participants (subjects) of managerial relations are determined. These legal relations affect management processes through the will and consciousness of their participants (parties), act as the final result of the coordination of the managerial, ordering and transforming influence of the powerful subject of management on subordinate subjects of management in the process of implementing the functions and tasks of public administration and legal regulation.

The right in itself cannot be exercised without the use of appropriate methods and means of ensuring it, therefore, executive authorities, state administration, their authorized officials, carrying out the daily functions and tasks of state administration and legal regulation, are endowed with state power to stimulate the voluntary execution of managerial decisions or apply measures of state coercion.

21. SIGNS OF ADMINISTRATIVE LEGAL RELATIONS

1. Unlike civil law, administrative and legal relations have a unilateral, public, state-imperious character.

2. Administrative and legal relations are implemented in extensive, complex management relationships on a state scale.

For example, the FKZ "On the Government of the Russian Federation", which regulates managerial relations implemented by the highest executive authority in all spheres and areas of public administration. In addition, administrative legal relations arise in the process of implementing managerial relations that arise in the activities of legislative authorities, the judiciary, their service apparatuses, prosecution authorities, control authorities, military command and control authorities, non-state institutions authorized to carry out part of the state functions and tasks in the field of law enforcement. activities.

3. The general object of influence of administrative and legal relations is public relations or, more precisely, participants' behavior, conditioned by the consciousness and will of each of the parties. There is an exception to this rule. The object of legal relations can also be an object, for example. an object of copyright, as well as an intangible object - the honor and dignity of a person and citizen.

4. Administrative and legal relations regulate and protect mainly public legal interestsarising in the implementation of the activities of executive authorities and public administration. Often the public interest is interpreted simply as a state interest. However, this is not entirely true; in the implementation of public administration, this is understood as an adequate response of state authorities and management to the demands of society in creating reliable socio-economic protection or implementing effective law enforcement activities.

5. Administrative and legal relations arise on the initiative of authorized government entities regarding the implementation of the functions of state administration and legal regulation, as well as on the initiative of subordinate subjects of management as a result of unsatisfactory implementation of managerial relations by the subject of management (in the form of applications, proposals, complaints from individuals and legal entities).

6. Administrative and legal relations sometimes characterized by equality of participants in the relationship. For example, when concluding administrative agreements between executive authorities at the federal level and the level of constituent entities of the Russian Federation, when resolving management conflicts and disputes, etc.

7. Administrative and legal relations regulate managerial relations and, in essence, are organizational and legal, i.e., with the help of legal norms, the process of organizing management is streamlined for the purpose of optimal functioning of executive authorities and public administration.

22. ELEMENTS AND CONTENT OF ADMINISTRATIVE LEGAL RELATIONS

The main elements of administrative-legal relations: subjects, objects and legal facts.

Subjects of administrative-legal relations are parties; on the initiative of one of them, on the basis of a rule of law and a legal fact, administrative-legal relations arise, change and terminate.

The subjects of administrative-legal relations are both legal entities and individuals.

Object - this is what legal relations arise about.

Legal facts are the grounds for the emergence, change or termination of administrative-legal relations. Legal facts have a conscious, volitional character. These are lawful and unlawful actions (inaction) of people. Legal facts have a simple and complex composition.

legal event - an event independent of the will of people that requires state registration and in connection with which a change in the scope of administrative legal personality occurs. For example, a citizen has turned 18 years old, he has acquired the active right to vote and the obligation to register in order to decide on the issue of performing military service under conscription.

The content of administrative-legal relations is determined, as a rule, by the amount of administrative legal personality of the parties to the relationship, associated with restrictions on age, health status established in court, social status and other conditions.

Legal personality - the general concept of legal capacity and legal capacity.

Administrative capacity - the possibility assigned to the subject of law to have rights and obligations of a legal nature.

For individuals, legal capacity arises from the moment of birth and ends due to death, and for legal entities - from the moment of registration until its termination in the manner prescribed by law.

Special administrative capacity for state and municipal employees arises from the moment they are enrolled in a position and terminates from the moment they are dismissed.

Administrative capacity - this is the opportunity assigned to the subjects of law by their actions to acquire subjective rights and fulfill the obligations stipulated by law.

Administrative and legal relations are bilateral in nature: for example, the right of a powerful subject of management corresponds to the duties of a subordinate subject of management, and vice versa. For example, the right to file a complaint corresponds to the obligation of the subject of management to consider this complaint on time and on the merits and report the result of the complaint on time.

23. CLASSIFICATION OF ADMINISTRATIVE LEGAL RELATIONS

1. According to the content administrative-legal relations are divided into material and procedural.

Material administrative-legal relations are such public relations that have arisen in the sphere of activity of executive authorities, state administration, regulated by the substantive norms of administrative law.

Administrative procedural the norms regulate the equal treatment of the parties - for example, in the process of proceedings on citizens' appeals to state authorities, state administration, as well as in the process of resolving individual cases in the field of public administration, in cases of administrative offenses.

Relations of an administrative-contractual nature - a special type of administrative-legal relations that often arise now between the executive authorities of the Russian Federation and the constituent entities of the Russian Federation, as well as between the executive authorities of the constituent entities of the Russian Federation.

2. According to the ratio of the rights and obligations of the participants relations are divided into power or subordination (vertically) and interaction or coordination (horizontally).

Power relations (subordination) arise between leading and subordinate subjects, are vertical relationships (subordination) that implement control influence.

3. By the nature of legal facts administrative-legal relations are divided into relations generated by lawful and unlawful facts (action or inaction). Administrative-legal relations determine such behavior of their participants, which corresponds to the adopted law or other regulatory act (prescription or requirement). In the prevailing cases, administrative-legal relations arise, change or terminate on the basis of legal facts generated by lawful actions. If these instructions and requirements are violated, then their protection is guaranteed and carried out in an administrative or judicial manner. The vast majority of administrative-legal relations are protected in the administrative-procedural order. The protection procedure is implemented in accordance with the procedure established by law by the competent authorities on the subjects of competence and within the scope of authority. A large amount of administrative offenses are protected in court. This method is more qualified and is devoid of the subjective factor of departmental bias. Administrative-legal relations protected in court are defined by the Law "On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens". A particularly large volume of administrative and legal relations related to the legal and illegal actions of participants arises between law enforcement agencies and individuals and legal entities. Depending on the nature of these relations, they can be power relations (consideration of cases of an administrative offense) or be characterized by equality of the parties (registration of citizens, issuance of a license, etc.).

24. ADMINISTRATIVE AND LEGAL STATUS OF CITIZENS. CITIZENSHIP

Individuals - citizens of the Russian Federation, citizens of the CIS, persons with dual citizenship, foreign citizens and stateless persons. All these categories of citizens have a different amount of administrative and legal status, but all of them, as individuals, are subjects of administrative law.

The constitutional norms regulating the fundamental rights and freedoms of individuals are norms of direct action, but this does not mean that administrative and legal norms lose their significance. Rather, on the contrary, they detail and implement rights and freedoms, as well as regulate relations by imposing duties on the subjects of relations in the field of management, establish, in accordance with administrative legislation, measures of responsibility for violation of these norms.

Citizens of the Russian Federation, acting as subjects of administrative law, have an appropriate administrative and legal status, enshrined in legal norms that determine their social and legal role in the state and society.

Administrative and legal status of a citizen - a set of his rights and obligations, state guarantees for the exercise of these rights and obligations, provided by legal methods and means of protection.

The administrative and legal status of a citizen of the Russian Federation is determined by the Constitution of the Russian Federation, international legal treaties, the Federal Law "On Citizenship of the Russian Federation", the Decree of the President of the Russian Federation "On Approval of the Regulations on the Procedure for Considering Issues of Citizenship of the Russian Federation", etc.

The law "On Citizenship of the Russian Federation" defines for the first time principles of citizenship of the Russian Federation and rules governing issues of citizenship of the Russian Federation.

1. The principles of citizenship of the Russian Federation and the rules governing issues of citizenship of the Russian Federation cannot contain provisions restricting the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation.

2. Citizenship of the Russian Federation is single and equal, regardless of the grounds for its acquisition.

3. The residence of a citizen of the Russian Federation outside the Russian Federation does not terminate his citizenship of the Russian Federation.

4. A citizen of the Russian Federation cannot be deprived of citizenship of the Russian Federation or the right to change it.

5. A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to a foreign state.

6. The Russian Federation encourages the acquisition of Russian citizenship by stateless persons residing on the territory of the Russian Federation.

7. The fact that a person has the citizenship of the Russian Federation or the fact that a person had citizenship of the USSR in the past is determined on the basis of legislative acts of the Russian Federation, the RSFSR or the USSR, international treaties of the Russian Federation, the RSFSR or the USSR that were in force on the day of the onset of the circumstances to which the person's possession of the corresponding citizenship is associated.

The conclusion or dissolution of a marriage between a citizen of the Russian Federation and a person who does not have citizenship of the Russian Federation does not entail a change in the citizenship of these persons. The dissolution of a marriage also does not entail a change in the citizenship of children born in this marriage or adopted (adopted) by spouses.

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.

26. ADMINISTRATIVE AND LEGAL STATUS OF FOREIGN CITIZENS AND STATELESS PERSONS

The administrative and legal status of foreign citizens and stateless persons is regulated by the Federal Law "On the Procedure for Departure from the Russian Federation and Entry into the Russian Federation", international treaties and agreements, and the Federal Law "On the Legal Status of Foreign Citizens".

Administrative capacity persons arriving in the country has its own characteristics in terms of time (documentation, stay in the country and departure or change of citizenship).

Administrative capacity depends on which rights and obligations they exercise by their actions on a general basis, and which - on the basis of the provisions specified in international treaties and agreements. Based on Art. 62 of the Constitution of the Russian Federation, this category of persons enjoys all the rights and bears obligations on an equal basis with citizens of the Russian Federation, except in cases established by the Federal Law or international agreements. Foreign citizens, including the majority of citizens from the CIS countries, have a smaller amount of administrative legal personality than citizens of the Russian Federation. They cannot hold public office, or engage in activities that are related to belonging to the citizenship of the Russian Federation or related to state secrets. Restrictions on movement and choice of place of residence are allowed for this category of persons in order to ensure state security. Foreign citizens and stateless persons are not subject to the legislation on military duty and military service. The stay of this category of persons also differs depending on the purpose: for permanent residence with obtaining documents for the right to reside and for those temporarily staying or transiting through the territory of the Russian Federation.

Foreign citizens and stateless persons are subject to administrative liability on a general basis. In addition, they may be subject to administrative liability for living without documents for the right to reside in the Russian Federation or living with invalid documents, non-compliance with the established procedure for registration or movement and choosing a place of residence, evading departure after the expiration of the period of stay, non-compliance with the rules for transit through the territory of the Russian Federation. In accordance with Art. 3.10 of the Code of Administrative Offenses of the Russian Federation, these persons may be expelled from the Russian Federation. Administrative expulsion of foreign citizens and stateless persons as a measure of administrative punishment is established and imposed by a judge, and in the event of an administrative offense upon entry into the Russian Federation - by the relevant authorized officials.

Foreign citizens with diplomatic immunity, in accordance with international treaties, are not subject to administrative jurisdiction, and those legally recognized as refugees or internally displaced persons have a special administrative status.

If an international treaty of the Russian Federation establishes rules other than those stipulated by the law of the Russian Federation, the rules of the international treaty shall apply.

27. EXECUTIVE AUTHORITIES: CONCEPT, CLASSIFICATION AND SYSTEM

The specifics and legal status of a public authority are determined by its functions and tasks, forms and methods that it implements on behalf of the state to the extent and within its competence. These powers consist in the right of the executive body, its officials to issue normative legal acts binding on those to whom they are addressed, and to apply state influence measures (persuasion, incentives and coercion) to ensure their implementation.

The executive authority is a part of the state apparatus, has the competence, structure, method of formation, territorial scope of activity established by law or other regulatory legal act, is authorized to act on behalf of the state, to carry out executive and administrative activities in the process of daily management activities in economic, socio-cultural, administrative and political sphere.

Administrative legal personality of executive authorities arises simultaneously with their formation, and ceases in connection with their abolition. The scope of the competence of the executive authorities (goals, tasks, functions, rights and obligations, forms and methods of activity) is expressed and consolidated in the relevant laws, regulations, charters and other legal acts.

Classification of executive authorities: By the nature of competence:

1) general competence, solving management issues in all spheres of life of the population in a certain territory;

2) sectoral competence that resolves issues within one branch of management, i.e. subjects that mostly adopt legal acts that are binding within the industry;

3) intersectoral competence, resolving issues of an intersectoral nature, i.e. adopting normative legal acts on subjects of jurisdiction and in the scope of powers, mandatory for execution by bodies not subordinate to them.

Based on education:

1) constitutional or statutory bodies of state power;

2) created on the basis of laws and regulations.

In order of education:

1) elected by the population;

2) formed by issuing a legal act.

In the order in which the questions are answered:

1) collegial bodies;

2) bodies in which the manager alone makes decisions.

By area of activity:

1) federal level;

2) the level of constituent entities of the Russian Federation.

The system of executive authorities based on the principle of federalism and administrative-territorial divisionincludes two levels (subsystems) vertically:

▪ federal executive authorities of the Russian Federation;

▪ executive authorities of the constituent entities of the Russian Federation. The executive body as an integral management system must have a scientifically based organizational structure and staff. The position of a federal civil servant is the main element of the structure of the executive authority.

28. SYSTEM OF FEDERAL EXECUTIVE AUTHORITIES

System of federal executive authorities (FOIV) - a set of organizational and legal forms of state bodies, interconnected and interdependent, forming an integral unity in the process of exercising executive power throughout the territory of the Russian Federation on the subjects of the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The federal executive authority system is based on the principle of federalism and administrative-territorial division and, within the limits of the jurisdiction and powers of the Russian Federation and in terms of their joint jurisdiction with the constituent entities of the Russian Federation, is a single system of executive power in the Russian Federation.

Executive power, as one of the forms of state power, promptly and daily implements the largest scope of functions and tasks of state administration in terms of its jurisdiction and within the scope of its powers.

Federal executive authorities (Decree of the President of the Russian Federation of March 09.03.2004, 314 No. 1): XNUMX.

Ministry of the Russian Federation is a federal executive body that performs the functions of developing state policy and legal regulation in the established field of activity; independently carries out legal regulation in the established field of activity, as well as coordinates and controls the activities of federal services and federal agencies subordinate to him, coordinates the activities of state extra-budgetary funds from May 12.05.2008, 724 No. XNUMX. In the field of its activity, it is not entitled to exercise the functions of control, supervision, law enforcement, as well as property management, except in cases established by decrees of the President. The Ministry is headed by a Minister in the Government.

2. federal service (FS) is a federal executive authority that performs the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the State Border of the Russian Federation, the fight against crime, and public security. The FS is headed by a head (director), the service may have the status of a collegial body.

Within the scope of its competence, the FS is authorized to: issue individual legal acts; issue licenses; register acts, documents, rights and objects; maintain registers, registers and cadastres; perform law enforcement functions.

FS is not allowed carry out regulatory and legal regulation, except for cases established by decrees of the President or resolutions of the Government, manage state property and provide state paid services.

3. federal agency (FA), being a federal executive authority in its field of activity, carries out the functions of providing state paid services, with the exception of control and supervision functions, and manages state property. The FA is headed by a head (director); the agency may have the status of a collegial body.

Within its competence issues individual legal acts; keeps registers, registers and cadastres. federal agency not entitled exercise the functions of legal regulation, control and supervision in the field of their activities, except in cases established by decrees of the President of the Russian Federation.

29. STRUCTURE OF FEDERAL EXECUTIVE AUTHORITIES

The structure of federal executive authorities (FOIV):

The first "block" of federal executive authorities - federal ministries, federal services and federal agencies, which are managed by the President of the Russian Federation:

5 federal ministries: Ministry of Internal Affairs of Russia, Ministry of Emergency Situations of Russia, Ministry of Foreign Affairs of Russia, Ministry of Defense of Russia, Ministry of Justice of Russia;

13 federal services: The Federal Migration Service; Federal Service for Military-Technical Cooperation; Rosoboronzakaz; Federal Service for Technical and Export Control; Spetsstroy of Russia; Federal Service for the Execution of Punishments; Rosregistration; Federal bailiff service; State Courier Service of the Russian Federation; Foreign Intelligence Service of the Russian Federation; Federal Security Service of the Russian Federation; Federal Service of the Russian Federation for Drug Control; Federal Security Service of the Russian Federation;

3 federal agencies: the Federal Agency for the Commonwealth of Independent States, the Main Directorate for Special Programs of the President of the Russian Federation and the Office of the President.

The second "block" is under the jurisdiction of the Government of the Russian Federation:

11 federal ministries:

1) health and social development;

2) culture;

3) education and science;

4) natural resources and ecology;

5) industry and trade;

6) regional development;

7) communications and mass communications;

8) agriculture;

9) sports, tourism and youth policy;

10) transport;

11) finance;

12) economic development;

13) energy;

Federal service:

1) antimonopoly service;

2) customs service;

3) according to tariffs;

4) on financial monitoring;

5) on financial markets; on supervision in various fields, etc.;

Federal agencies (space agency; education; press and mass communications; state property management; tourism, etc.).

In addition, all other federal services and federal agencies are under the jurisdiction of the federal ministries. Regulations on the federal executive authorities subordinate to the President are approved by decree of the President. Regulations on other federal executive authorities are approved by government decrees.

Federal ministers are appointed to office and dismissed by decree of the President on the proposal of the Chairman of the Government. Deputy federal ministers are appointed and dismissed by the Government, unless otherwise provided by law.

The heads of the federal executive authorities subordinate to the President are appointed to and dismissed from office in a specially established manner.

30. POWERS OF THE PRESIDENT OF RUSSIA IN THE SPHERE OF EXECUTIVE POWER

The President of the Russian Federation as a subject of administrative law in the sphere of executive power has exclusive powers.

The President of the Russian Federation ensures the coordinated functioning and interaction of the Government of Russia and other state authorities, manages the activities of the federal executive authorities in charge of defense, security, internal affairs, foreign affairs, prevention of emergencies and the elimination of the consequences of natural disasters, approves, on the proposal of the Chairman of the Government of Russia, the regulations on them and appoints their leaders, and also exercises other powers as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and the Chairman of the Security Council of the Russian Federation.

In accordance with Art. 80 of the Constitution, the President is the head of state, the guarantor of the Constitution, the rights and freedoms of man and citizen.

In accordance with the procedure established by the Constitution, he takes measures to protect the sovereignty of Russia, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities.

The president determines the main directions of the state's domestic and foreign policy and addresses the Federal Assembly (both chambers - the country's parliament) with annual messages on the situation in the country, on the main directions of the state's domestic and foreign policy.

The president, as head of state, represents Russia within the country and in international relations.

President of Russia:

a) appoints, with the consent of the State Duma, the Chairman of the Government;

b) has the right to preside at meetings of the Government; c) decides on the resignation of the Government; d) presents to the State Duma a candidate for appointment to the position of Chairman of the Central Bank; raises before the State Duma the question of dismissal of the Chairman of the Central Bank; e) at the proposal of the Chairman of the Government, appoints and dismisses Deputy Chairman of the Government and federal ministers; f) submits to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, as well as the candidacy of the Prosecutor General; submits to the Federation Council a proposal to dismiss the Prosecutor General from office; appoints judges of other federal courts;

g) form and head the Security Council;

h) approves the military doctrine of Russia; i) forms the Administration of the President.

The President of the Russian Federation has the right to suspend acts of the executive authorities of the constituent entities of the Russian Federation in the event of a conflict between these acts of the Constitution and the Federal Law, international obligations of the Russian Federation or violation of human and civil rights and freedoms until this issue is resolved by the appropriate court.

Decrees and orders of the President are binding on the entire territory of Russia and must not contradict the Constitution of the Russian Federation, FKZ and FZ.

The President, in agreement with the legislative authorities, appoints the heads of executive power (governors) of the constituent entities of the Russian Federation.

31. GENERAL POWERS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION IN THE EXERCISE OF EXECUTIVE POWER

The Government of the Russian Federation exercises executive power in the Russian Federation (Art. 110 of the Constitution of the Russian Federation and Art. 1 of the Federal Law "On the Government of the Russian Federation"). The Government of the Russian Federation is a collegial body, and the Chairman determines the main directions of its activities.

Government - this is a collegial body of general competence exercising executive power throughout Russia, including the Prime Minister, his deputies and federal ministers (Article 110 of the Constitution).

The main principles of the Government's activity: the supremacy of the Constitution of the Russian Federation, the FKZ, the Federal Law, democracy, federalism, the functional division of power, responsibility, publicity and ensuring the rights and freedoms of man and citizen.

General powers of the Government: manages the work of federal ministries and other federal executive bodies and controls their activities; creates its own territorial bodies and appoints officials, establishes the procedure for their creation and finances their activities from the federal budget; appoints and dismisses deputy ministers, heads of federal executive bodies and their deputies, approves members of collegiums; cancels acts or suspends acts of federal executive bodies; has the right to establish organizations, form coordinating, advisory bodies, as well as bodies under the Government.

Government organizes implementation of foreign and domestic policy; carries out regulation in the socio-economic sphere; ensures the unity of the system of executive power in the Russian Federation, directs and controls the activities of its bodies; forms federal targeted programs and ensures their implementation; exercises the right of legislative initiative; in agreement with the executive authorities of the constituent entities of the Russian Federation, they can transfer part of their powers to each other.

32. SPECIAL POWERS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION TO EXERCISE EXECUTIVE POWER

Powers of the Government in the field of economy: regulates economic processes; ensures the unity of the economic space and freedom of economic activity, free movement of goods, services and financial resources; predicts the socio-economic development of the country, develops and implements programs for the development of priority sectors of the economy; develops the state structural and investment policy and takes measures for its implementation; manages federal property.

In the field of budgetary, financial, credit and monetary policy, the Government ensures the implementation of a unified financial, credit and monetary policy; develops and submits to the State Duma the federal budget and ensures its execution; submits a report on its implementation; develops and implements tax policy; ensures the improvement of the budget system.

In the social sphere: provides a unified state social policy, the implementation of the constitutional rights of citizens in the field of social security, promotes the development of social security and charity; takes measures to implement labor disputes of citizens; develops programs for the reduction and elimination of unemployment and ensures the implementation of these programs; provides a unified migration policy.

In the field of science, culture, education: develops and implements measures of state support for the development of science; provides state support for fundamental science of national importance, priority areas of applied science; provides a unified state policy in the field of education.

In the field of ensuring the rule of law, the rights and freedoms of citizens, the fight against crime: participates in the development and implementation of state policy in the field of ensuring the security of the individual, society and the state; carries out measures to ensure the rule of law, the rights and freedoms of citizens, to protect property and public order, to combat crime and other socially dangerous acts.

In the field of defense and state security: takes the necessary measures to ensure the defense and state security of Russia; organizes the supply of weapons and military equipment, the provision of material resources, resources and services to the Armed Forces and military formations.

In the field of foreign policy and international relations: carries out leadership in the field of ensuring Russia's relations with foreign states, international organizations; provides representation in foreign states and international organizations; sign international treaties.

In the field of nature management and environmental protection: ensures the implementation of a unified state policy in the field of environmental protection and ensuring environmental safety; takes measures to implement the rights of citizens to a favorable environment, to ensure environmental well-being.

33. POWERS OF THE EXECUTIVE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

When considering this issue, of particular importance are the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" and the Federal Law "On the Principles and Procedure for Delimiting the Subjects of Competence and Powers between State Authorities of the Russian Federation and State Authorities of the Subjects of the Russian Federation".

The system of legislative and executive bodies of state power of the constituent entities of the Russian Federation is established by them independently in accordance with the fundamentals of the constitutional system of the Russian Federation.

The formation, formation and activities of the legislative and executive bodies of state power of the constituent entities of the Russian Federation are regulated by the Constitution of the Russian Federation, the Federal Law, as well as the constitutions of the republics, charters of territories, regions, cities of federal significance, autonomous regions, autonomous districts.

In the constituent entity of the Russian Federation, a system of executive authorities is established, headed by the highest executive body of state power of a constituent entity of the Russian Federation.

The constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation. The highest official of a subject of the Russian Federation heads the highest executive body of state power of a subject of the Russian Federation and is at the same time the highest official of the executive power of a subject of the Russian Federation.

The main powers of the highest executive body of state power of the constituent entity of the Russian Federation:

1) develops and implements measures to ensure the comprehensive socio-economic development of a constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, healthcare, social security and the environment;

2) carries out, within its powers, measures to implement, ensure and protect the rights and freedoms of man and citizen, protect property and public order, and combat crime;

3) develops, for submission by the highest official of a constituent entity of the Russian Federation to the legislative body of state power of a constituent entity of the Russian Federation, a draft budget and draft programs for the socio-economic development of a constituent entity of the Russian Federation;

4) ensures the execution of the budget of the constituent entity of the Russian Federation and prepares a report on the execution of the said budget and reports on the implementation of programs for the socio-economic development of the constituent entity of the Russian Federation for submission by the highest official of the constituent entity of the Russian Federation to the legislative body of state power of the constituent entity of the Russian Federation;

5 forms other executive authorities of the constituent entity of the Russian Federation;

6) manages and disposes of the property of the subject of the Russian Federation, as well as federal property transferred to the management of the subject of the Russian Federation in accordance with the law;

7) invites the local self-government body, its official to bring the legal acts issued by them into conformity with the legislation of the Russian Federation, and also has the right to apply to the court;

8) concludes, in accordance with the Federal Law, agreements with federal executive bodies on the delimitation of jurisdiction and powers;

9) exercise other powers established by law.

34. POWERS OF STATE INSTITUTIONS, ADMINISTRATIONS OF LOCAL SELF-GOVERNMENT BODIES, ORGANIZATIONS

State institutions, as subjects of administrative law, carry out operational and day-to-day executive and administrative activities in the areas of competence and within the scope of powers determined for them primarily by executive authorities, as well as the Federal Law, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

The bulk of the functions of public administration (primarily the functions of legal regulation) are implemented not only by executive authorities, the competence of which is determined primarily by the Constitution of the Russian Federation, FKZ and FZ, but also by numerous state institutions.

Analyzing Chapter 23 of the Code of Administrative Offenses of the Russian Federation, it can be noted that out of 61 entities authorized to consider cases of administrative offenses, a significant majority are state institutions that carry out the functions of legal regulation in their area and scope of authority, while almost each of these bodies, except for judges and commissions on juvenile affairs, is part of some federal executive authority.

Enterprises, institutions and organizations of state, municipal, cooperative and other forms of ownership are subjects of administrative law, however, they cannot be government bodies, since their leaders, carrying out executive and administrative activities, adopt local and individual legal acts, organize subordinate personnel to solve economic, production, economic, socio-cultural and other problems.

Local government are also subjects of administrative law. Of particular importance is the Federal Law “On the general principles of organizing local self-government in the Russian Federation” (came into force, with the exception of the articles specified in the Federal Law, on January 1, 2009), which determined the main stages and directions of state policy in the field of development of local self-government in the Russian Federation.

During the reform of local self-government, the main issue is not the extent of independence in the process of implementing the main tasks and functions on the ground, but in providing a mechanism for responsibility for the results of the activities of the executive bodies of local self-government.

At present, the most urgent task is to strengthen the statehood, unity and integrity of the executive authorities of the Russian Federation, which is done by the President. Therefore, special attention should be paid to the formation and strengthening of an integral system of the executive power of the Russian Federation, optimization of the organizational structures of the federal executive authorities in order to effectively implement their functions and tasks of public administration and legal regulation. The presentation by the President of the candidatures of the heads of subjects of the Russian Federation for approval by their local parliaments also serves the task of strengthening the executive power.

35. PUBLIC SERVICE AND EMPLOYEES: CONCEPT AND CLASSIFICATION OF POSTS

State civil service of the Russian Federation - a type of civil service, which is a professional service activity of citizens of the Russian Federation in the positions of the state civil service to ensure the execution of the powers of federal state bodies, state bodies of the constituent entities of the Russian Federation, persons holding public positions of the Russian Federation, and persons holding public positions of the constituent entities of the Russian Federation (FZ of 27.07.2004. 79 No. XNUMX-FZ "On the State Civil Service of the Russian Federation").

civil servant - this is a citizen of the Russian Federation who has assumed obligations for the passage of civil service. A civil servant carries out professional service activities in civil service positions in accordance with the act of appointment to a position and with a service contract and receives a financial allowance at the expense of the federal budget or the budget of a constituent entity of the Russian Federation.

The state civil service of the Russian Federation is subdivided into the federal state civil service and the state civil service of the subjects of the Russian Federation.

Categories of civil service positions:

1) leaders - heads and deputy heads of state bodies and their structural subdivisions, heads and deputy heads of territorial bodies of federal executive authorities and their structural subdivisions, heads and deputy heads of representative offices of state bodies and their structural subdivisions, who are replaced for a certain term of office or without limiting the term of office;

2) assistants (advisers) - positions established to assist persons holding public positions, heads of state bodies, territorial bodies of federal executive bodies and representative offices of state bodies in the exercise of their powers and occupied for a certain period limited by the term of office of these persons or heads;

3) специалисты - positions established for professional support of the performance of established tasks and functions by state bodies and filled without limitation of the term of office;

4) providing specialists - positions established for organizational, informational, documentation, financial, economic, economic and other support of the activities of state bodies and replaced without limitation of the term of office.

Groups of civil service positions:

1) higher;

2) main;

3) presenters;

4) seniors;

5) younger ones.

Class ranks of the civil service are assigned to civil servants in accordance with the civil service position to be occupied within the group of civil service positions.

Civil servants holding positions: top group a class rank is assigned - a valid state adviser of the Russian Federation of the 1st, 2nd or 3rd class; main group - State Councilor of the Russian Federation of the 1st, 2nd or 3rd class; leading group - 1st, 2nd or 3rd class adviser; senior group - Referent 1, 2 or 3 class; junior group - Secretary of the 1st, 2nd or 3rd class.

36. RIGHTS OF PUBLIC SERVANTS

A civil servant has the right:

1) to ensure the proper organizational and technical conditions necessary for the performance of official duties;

2) familiarization with the official regulations and other documents that define his rights and obligations in the position of the civil service, the criteria for assessing the effectiveness of the performance of official duties, performance indicators of professional performance and conditions for promotion;

3) rest, provided by the establishment of the normal length of service time, the provision of days off and non-working holidays, as well as annual paid basic and additional holidays;

4) wages and other payments in accordance with the legislation of the Russian Federation and with a service contract;

5) obtaining, in the prescribed manner, information and materials necessary for the performance of official duties, as well as making proposals for improving the activities of the state body;

6) access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is connected with the use of such information;

7) access in accordance with the established procedure in connection with the performance of official duties to state bodies, local governments, public associations and other organizations;

8) familiarization with reviews of his professional service activities and other documents before entering them into his personal file, materials of a personal file, as well as attaching his written explanations and other documents and materials to his personal file;

9) protection of information about a civil servant;

10) promotion on a competitive basis;

11) professional retraining, advanced training and internships in the manner prescribed by federal laws;

12) membership in a trade union;

13) consideration of individual service disputes in accordance with federal laws;

14) conducting an internal audit on his application;

15) protection of their rights and legitimate interests in the civil service, including appealing to the court of their violation;

16) medical insurance;

17) state protection of their life and health, life and health of their family members, as well as property belonging to him;

18) state pension provision. A civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest.

37. DUTIES OF PUBLIC SERVANTS

The civil servant must:

1) comply with the Constitution of the Russian Federation, FKZ, Federal Law, other regulatory legal acts of the Russian Federation, constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation and ensure their implementation;

2) perform official duties in accordance with the official regulations;

3) execute the instructions of the relevant managers, given within the limits of their authority;

4) observe the rights and legitimate interests of citizens and organizations in the performance of official duties;

5) observe the official regulations of the state body;

6) maintain the level of qualification necessary for the proper performance of official duties;

7) not to disclose information constituting state and other secrets protected by law, as well as information that became known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;

8) protect state property, including that provided to him for the performance of official duties;

9) to submit, in accordance with the established procedure, information about himself and members of his family provided for by federal law, as well as information about the income received by him and property owned by him, which are objects of taxation, about obligations of a property nature (hereinafter referred to as information about income, property and property obligations);

10) notify about renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state on the day of renunciation of citizenship of the Russian Federation or on the day of acquiring citizenship of another state;

11) comply with restrictions, fulfill obligations and requirements for official behavior, not violate the prohibitions established by the legislation of the Russian Federation;

12) inform the representative of the employer about personal interest in the performance of official duties, which may lead to a conflict of interest, take measures to prevent such a conflict.

A civil servant is not entitled to fulfill the unlawful assignment. When receiving an order from the relevant manager that, in the opinion of the civil servant, is unlawful, the civil servant must provide in writing a justification for the illegality of this order, indicating the provisions of the legislation of the Russian Federation that may be violated in the execution of this order, and receive confirmation of this order from the manager in writing. If the manager confirms this order in writing, the civil servant is obliged to refuse to execute it. If a civil servant executes an unlawful order, the civil servant and the manager who gave this order bear disciplinary, civil, administrative or criminal liability.

Civil servants are subject to compulsory state fingerprint registration in the cases and in the manner prescribed by the Federal Law.

38. RESTRICTIONS AND PROHIBITIONS RELATED TO THE CIVIL SERVICE

Citizen cannot be accepted to the civil service, and the civil servant cannot be in the civil service if:

1) recognition of him as incapable or partially incapacitated by a court decision that has entered into legal force;

2) his conviction to a punishment that excludes the possibility of performing official duties in a position of public service (civil service), by a court verdict that has entered into legal force, as well as in the case of an unexpunged or unexpunged criminal record;

3) refusal to go through the procedure for obtaining access to information constituting a state and other secret protected by the Federal Law, if the performance of official duties is associated with the use of such information;

4) the presence of a disease that prevents entry into the civil service or its passage;

5) close relationship or property with a civil servant, if the replacement of a civil service position is associated with the direct subordination or control of one of them to another;

6) renunciation of citizenship of the Russian Federation or acquisition of citizenship of another state;

7) submission of forged documents or deliberately false information when entering the civil service.

A civil servant is prohibited from:

1) participate on a paid basis in the activities of the management body of a commercial organization;

2) to replace the position of the civil service in the event of: election or appointment to a public position; election to an elective position in a local self-government body;

3) carry out entrepreneurial activity;

4) receive in connection with the performance of official duties remuneration from individuals and legal entities (gifts, cash remuneration, loans, services, payment for entertainment, recreation, transportation costs and other remuneration);

5) use for purposes not related to the performance of official duties, means of material, technical and other support, other state property, as well as transfer them to other persons;

6) disclose or use for purposes not related to the civil service, information classified as information of a confidential nature, or official information;

7) allow public statements, judgments and assessments, including in the media, regarding the activities of state bodies, their leaders, if this is not part of his official duties;

8) use official powers in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express their attitude towards these associations and organizations as a civil servant, if this is not part of his official duties;

9) create structures of political parties, other public associations (with the exception of trade unions, veterans and other bodies of public amateur performance) and religious associations in state bodies or facilitate the creation of these structures.

39. PRINCIPLES OF CIVIL SERVICE, REQUIREMENTS FOR SERVICE CONDUCT OF AN EMPLOYEE

Civil service principles:

1) priority of human and civil rights and freedoms;

2) the unity of the legal and organizational foundations of the federal civil service and the civil service of the constituent entities of the Russian Federation;

3) equal access of citizens who speak the state language of Russia to civil service and equal conditions for its passage, regardless of gender, race, nationality, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as from others circumstances not related to the professional and business qualities of a civil servant;

4) professionalism and competence of civil servants;

5) stability of the civil service;

6) availability of information about the civil service;

7) interaction with public associations and citizens;

8) protection of civil servants from unlawful interference in their professional activities.

In Art. 5 of the Federal Law "On the State Civil Service of the Russian Federation" stipulates that this Federal Law is the legislation of the Russian Federation on the state civil service.

The relationship between the civil service and the civil service of the Russian Federation of other types is ensured on the basis of the unity of the civil service system of the Russian Federation and the principles of its construction and functioning.

Requirements for official behavior of a civil servant:

1) perform official duties conscientiously, at a high professional level;

2) proceed from the fact that the recognition, observance and protection of the rights and freedoms of man and citizen determine the meaning and content of his professional service activities;

3) carry out professional service activities within the competence of the state body;

4) not give preference to any public or religious associations, professional or social groups, organizations and citizens;

5) not to take actions related to the influence of any personal, property (financial) and other interests that impede the conscientious performance of official duties;

6) comply with the restrictions established for civil servants;

7) observe neutrality, excluding the possibility of influencing their professional service activities by the decisions of political parties, other public associations, religious associations and other organizations;

8) not to commit acts discrediting honor and dignity;

9) to show correctness in the treatment of citizens;

10) show respect for the moral customs and traditions of the peoples of Russia;

11) take into account the cultural and other characteristics of various ethnic and social groups, as well as confessions;

12) promote interethnic and interfaith harmony;

13) avoid conflict situations that could damage its reputation or the authority of a state body;

14) comply with the established rules of public speaking and the provision of official information.

40. ADMINISTRATIVE INFRINGEMENT: CONCEPT AND SIGNS

Administrative offense - unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility.

At the same time, there are formal offenseswhen the harm from committing an administrative offense did not actually occur, but the person who violated the administrative norm may be held administratively liable.

Legislation on administrative offenses consists of the Code of Administrative Offenses and the laws of the constituent entities of the Russian Federation on administrative offenses adopted in accordance with it.

Tasks of the legislation on administrative offenses: personal protection; protection of human and civil rights and freedoms; protection of the health of citizens, sanitary and epidemiological welfare of the population; protection of public morality; protection of the environment, the established procedure for the exercise of state power, public order and public safety, property; protection of the legitimate economic interests of individuals and legal entities, society and the state from administrative offenses, as well as the prevention of administrative offenses.

That is a sign of public danger of an administrative offense is an infringement in the form of action or inaction on public interests, which are included in the form of tasks protected by the norms of administrative law.

Signs (features) of an administrative offense - antisocial orientation, wrongfulness, guilt and punishability of the act.

Act - an act of volitional behavior, manifested in the form of action or inaction.

Action - active non-fulfillment of the obligations stipulated by the norm or rule or violation of the prohibition (for example, violation of the rules of hunting).

Inaction - passive failure to comply with a duty (eg, fire safety regulations).

Sometimes the same rules can be violated both by action and inaction (for example, violation of the rules for the protection of water resources, etc.).

Wrongfulness of the act is that it violates a specific rule of law. These norms may belong not only to administrative law, but also to financial, land, customs, labor and other branches of law, which are protected by administrative law.

Guilt of the act means that the offense was committed by a person intentionally or through negligence (Article 2.2 of the Code of Administrative Offenses). The presence of guilt is a mandatory sign of an administrative offense, but this sign is not enough for administrative responsibility, since the subject of administrative responsibility includes such necessary characteristics as the age and legal capacity of the person. For example, a minor or an insane person violates the rules established for pedestrians, and in the presence of formal wrongfulness, there is no guilt of the act.

41. COMPOSITION OF AN ADMINISTRATIVE OFFENSE

Composition of an administrative offense - a set of signs fixed by regulatory legal acts, the presence of which may entail administrative responsibility.

Content of the object of an administrative offense - specific public relations regulated by the rules of law and protected by measures of administrative responsibility. The forms of expression of an object can be different. In the Code of Administrative Offenses of the Russian Federation, they are listed in Art. 1.2: for example, the object of petty hooliganism is the norms that protect public order or public morals.

The content of the objective side of the offense - the nature of the action or inaction, which the legislation qualifies as an administrative offense.

Subjects of an administrative offense are both individuals and legal entities.

For certain categories of individuals, these factors determine additional grounds when bringing them to administrative responsibility, for others - restriction of measures application of administrative responsibility.

To the first category individuals, additional grounds are applicable that increase the measure of administrative responsibility. These include officials, drivers of vehicles, trade workers, etc.

Second category individuals includes military personnel and citizens called up for military training, pregnant women, women with a young child, disabled people of groups I and II, minors (under 18 years of age). For this group, there is a legislative restriction of measures for the application of administrative responsibility.

The subject of an administrative offense is not always subject to administrative liability. Conscripts for a number of administrative offenses are subject to disciplinary liability (Article 2.5 of the Code of Administrative Offenses). Consequently, the range of subjects of an administrative offense and the range of subjects of administrative responsibility do not match.

The subjective side of an administrative offense - the mental attitude of the subject to the illegal action or inaction and its consequences. It is expressed in the form of intent or negligence.

Fault - the mental attitude of a person to the unlawful action or inaction committed by him and the possible consequences. Guilt manifests itself in the form of intent or negligence.

With regard to the guilt of a legal entity, the unused opportunity to comply with a norm or rule is implied, that is, all measures depending on it have not been taken to comply with them. The imposition of an administrative penalty on a legal entity does not relieve the guilty individual from administrative liability for this offense, just as bringing an individual to administrative or criminal liability does not relieve a legal entity from administrative liability for this offense.

42. ADMINISTRATIVE RESPONSIBILITY: CONCEPT AND COMMON FEATURES

Administrative liability is one of the types of legal liability that is applied by a judge, body, authorized official as an administrative punishment to a person who has committed an administrative offense.

Administrative responsibility has all the features (features) inherent in legal responsibility.

Administrative Responsibility - this is the application by a judge, an authorized body or an official of measures of administrative punishment established by the state on the basis of the law and in the manner determined by law, to individuals and legal entities for administrative offenses provided for by the legislation of the Russian Federation and the laws of the constituent entities of the Russian Federation, as well as the conscious willingness of the guilty person to bear this punishment. The latter is important in that it forms the legal consciousness of citizens and officials about the justice of punishment and the preventive impact on those who have committed an administrative offense and those who have not.

The norms of administrative law provide for various types of legal liability: criminal, disciplinary, administrative and material. The solution of issues of criminal and partially material liability is within the competence of judicial jurisdiction, while other types of legal liability, and primarily administrative, disciplinary and partially material, are within the competence of administrative jurisdiction.

In addition, based on the norms of administrative law, measures of public influence in the event that, in the opinion of the authorized official considering the case of an administrative offense, it is advisable to apply measures of public influence to the violator of the norms of administrative law (see paragraph 2 of article 4.2 and article 2.9 of the Code of Administrative Offenses of the Russian Federation).

Administrative responsibility is common features with other types of legal responsibility - criminal, disciplinary, material, which is expressed primarily in the general goal pursued by all types of legal responsibility for the education of offenders, the prevention of offenses, and sometimes in the coercive nature of measures to influence offenders.

43. FEATURES OF ADMINISTRATIVE RESPONSIBILITY

1. The imposition of administrative penalties is carried out by judges, bodies, authorized officials. There is no direct subordination between the offender and the subject authorized to consider cases of administrative offenses.

2. The subjects of administrative responsibility include not only individuals, but also legal entities.

3. Persons who have reached the age of 16 by the time the offense was committed may be held liable. At the same time, as a rule, other measures are applied to persons aged 16 to 18 who have committed administrative offenses, i.e., by the commission on juvenile affairs and the protection of their rights. Parents and persons replacing them (adoptive parents, guardians, custodians) are not responsible for the offenses of minor children, but in connection with them, i.e. for not controlling their behavior, since parental right is at the same time an obligation to raising children.

Officials shall be held liable in case they commit an administrative offense in connection with non-fulfillment or improper fulfillment of their official duties.

4. Special subjects of administrative responsibility - military personnel and citizens called up for military training, who are liable in accordance with disciplinary charters.

For violation of legislation on the protection of the natural environment, traffic rules, etc. persons who are subject to disciplinary charters or special provisions on discipline, bear responsibility on a general basis. To them cannot be applied administrative punishments in the form of administrative arrest, and to conscripted military personnel - also in the form of an administrative fine.

5. An administrative offense is an act that harms the interests of individuals and legal entities, society and the state, and it is always illegal.

6. An administrative penalty is imposed for an administrative offense, a disciplinary penalty for a disciplinary offense, and a criminal penalty for a crime.

7. Persons who have committed administrative offenses are subject to special measures of administrative coercion of a state-imperious nature.

8. An administrative penalty applied to a legal entity does not relieve its manager or owner from legal liability, and vice versa.

9. When committing several administrative offenses committed by one person, a penalty is imposed for each offense separately, except when these cases are considered by the same body (official), the penalty is imposed within the sanction established for a more serious administrative offense .

44. ADMINISTRATIVE PUNISHMENT: CONCEPT, TYPES AND CHARACTERISTICS

Administrative punishment has mainly preventive purposes, and therefore the previously used term "administrative penalty" was more in line with its purpose.

Administrative punishment - this is a measure of legal responsibility, appointed by the state or on behalf of the state for a committed administrative offense, which is used primarily for the purpose of educating a person who has committed an administrative offense in the spirit of compliance with laws and respect for the rights and freedoms of others and the rule of law in general. It also performs the function of preventing the commission of an offense both by the person brought to administrative responsibility and by other persons.

The purpose of administrative punishment - prevention of the commission of new offenses both by the offender himself and by other persons (Article 3.1 of the Code of Administrative Offenses).

Administrative punishment cannot be aimed at humiliating the human dignity of an individual who has committed an administrative offense, or causing him physical suffering, as well as damaging the business reputation of a legal entity. This feature is based on the constitutional provision enshrined in Part 2 of Art. 21 of the Constitution of the Russian Federation.

Types of administrative penalties:

1) warning;

2) administrative fine;

3) paid seizure of the instrument or subject of an administrative offense;

4) confiscation of the instrument or subject of the administrative offense;

5) deprivation of a special right granted to an individual;

6) administrative arrest;

7) administrative expulsion from the Russian Federation of a foreign citizen or stateless person;

8) disqualification;

9) administrative suspension of activities.

The administrative penalties listed in paragraphs 3-9 are established only by the Code of Administrative Offenses.

Basic and additional administrative penalties:

1. Warning, administrative fine, administrative arrest and disqualification may be established and applied only as main administrative penalties.

2. Paid seizure of an item that was an instrument of committing or the subject of an administrative offense, confiscation of an item that was an instrument of committing or a direct object of an administrative offense, deprivation of a special right granted to an individual who committed an administrative offense, as well as administrative expulsion from the Russian Federation of a foreign citizen or person without nationalities can be established and applied as both primary and additional administrative punishment.

3. For one administrative offense, the main or main and additional administrative punishment may be imposed from the punishments specified in the sanction of the applicable article of the Code of Administrative Offenses or the law of the constituent entity of the Russian Federation on administrative responsibility.

45. GENERAL RULES FOR THE IMPOSITION OF ADMINISTRATIVE PUNISHMENT

General rules for imposing administrative penalties. 1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense, in accordance with the Code of Administrative Offences.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative liability, and circumstances aggravating administrative liability are taken into account.

4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

5. No one can be held administratively liable twice for the same administrative offense.

Circumstances mitigating administrative liability:

1) repentance of the person who committed an administrative offense;

2) prevention by the person who has committed an administrative offense of the harmful consequences of an administrative offense, voluntary compensation for the damage caused or elimination of the damage caused;

3) commission of an administrative offense by a minor;

4) commission of an administrative offense by a pregnant woman or a woman with a small child.

The laws of the constituent entities of the Russian Federation may provide for other circumstances mitigating administrative responsibility. A judge, body, official considering a case of an administrative offense may recognize extenuating circumstances that are not specified in the Code of Administrative Offenses or in the laws of the constituent entities of the Russian Federation (principle of expediency).

Circumstances aggravating administrative liability:

1) continuation of illegal behavior, despite the demand of authorized persons to stop it;

2) repeated commission of a homogeneous administrative offense, if for the commission of the first administrative offense the person has already been subjected to an administrative penalty, for which the period provided for in Art. 4.6 Administrative Code;

3) involvement of a minor in the commission of an administrative offense;

4) commission of an administrative offense by a group of persons;

5) committing an administrative offense in a natural disaster or other emergency circumstances;

6) committing an administrative offense in a state of intoxication.

Judge, body, official imposing an administrative penalty, depending on the nature of the administrative offense committed may not recognize this circumstance as aggravating.

46. LIABILITY OF LEGAL ENTITIES

A special place in the system of administrative responsibility is occupied by the problem of administrative responsibility of legal entities. At present, it has not received a sufficiently acceptable interpretation in theory, since one of the signs of an administrative offense is guilt, understood as the mental state of a person (offender) to the consequences of his act, which, to put it mildly, is ambiguous in understanding this sign of an offense in relation to legal face.

As applied to legal entities, the term "administrative responsibility" is hardly correct. It would be appropriate to use the term "responsibility under administrative law" as a disciplinary and material liability under administrative law.

If the articles of sections I, III, IV, V of the Code of Administrative Offenses do not indicate that the norms established by these articles apply only to an individual or only to a legal entity, these norms are equally valid for both an individual and a legal entity, with the exception of cases, if the meaning of these rules relate to and can be applied only to an individual.

In case of various reorganizations legal entities are subject to administrative liability according to the following principles:

1. In the event of a merger of several legal entities, a newly emerged legal entity shall be held liable.

2. When a legal entity joins another legal entity, the merging legal entity shall be held liable.

3. When a legal entity is divided or when one or more legal entities are separated from the legal entity, the legal entity to which, according to the separation balance sheet, the rights and obligations on concluded transactions or property, in connection with which an administrative offense was committed, was transferred, is held liable.

4. When a legal entity of one type is transformed into a legal entity of another type, the newly emerged legal entity shall be held liable. That is, a change in the legal form does not relieve a legal entity from administrative responsibility.

Administrative liability arises regardless of whether the legal entity held liable was aware of the fact of the offense before the completion of the reorganization.

The transition to market relations, the formation of subjects of administrative law of various organizational and legal forms naturally revived the problem of liability of legal entities under administrative law in the form of a fine. In accordance with Art. 2.1 of the Code of Administrative Offenses, the imposition of an administrative penalty on a legal entity does not relieve the guilty individual from administrative responsibility for this offense, just as bringing an individual to administrative or criminal liability does not relieve the legal entity from administrative liability for this offense.

47. CONCEPT OF DISCIPLINE AND DISCIPLINARY RESPONSIBILITY

Two concepts of discipline in public administration:

1) discipline - communications, relations of subjects (parties) of management, regulated by a set of norms, rules, algorithms, procedures and operations, developed in the process of rational management and approved in the form of certain requirements;

2) discipline - the actual behavior of civil servants, which is reflected in management decisions and actions, as well as in official communication.

It is more expedient to single out the behavioral aspect in the first place, it is not by chance that the Federal Law of July 27.07.2004, 79 No. XNUMX-FZ "On the State Civil Service of the Russian Federation" fixes the behavior of a civil servant.

Disciplinary responsibility - measures of coercive influence established by law, applied to civil servants in the order of official subordination, for guilty violation of the norms and rules of public service.

A disciplinary sanction may only be imposed for a disciplinary offence.

Each civil servant bears personal disciplinary responsibility for the unlawfulness of only his actions. A disciplinary sanction is imposed by an authorized official or body that has the right to appoint a civil servant to a public position. A civil servant who has committed an official misconduct may be temporarily, until the issue of responsibility is resolved, suspended from the performance of official duties by the head who appointed him.

A disciplinary sanction may not be imposed later than 6 months from the day the offense was committed or discovered. Only one disciplinary sanction may be imposed for each misdemeanor.

The head, who has imposed a disciplinary sanction on a civil servant, announces this in the order and announces the punishment to the employee against receipt. At the same time, the refusal to familiarize with the nature of the penalty does not affect the mandatory execution of the announced penalty.

Duration of disciplinary liability - one year from the date of the penalty. Moreover, if within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then the disciplinary sanction is lifted automatically. The penalty can be lifted earlier than a year if the employee demonstrates himself in an extremely positive manner in his service.

The employee, at his discretion, may appeal the legality of imposing a disciplinary sanction in an administrative or judicial proceeding.

Disciplinary responsibility of military personnel regulated by the Disciplinary Charter of the Armed Forces, approved by the Decree of the President of the Russian Federation. The Charter applies to military personnel and to persons who are in the reserve or retired, who have been granted the right to wear military uniforms. In addition, the Disciplinary Regulations apply to border troops, internal troops of the Ministry of Internal Affairs of Russia, railway troops, civil defense troops and military personnel of other federal executive authorities.

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.

49. ADMINISTRATIVE PROCESS: CONCEPT AND CONTENT

Administrative process - the procedure established by law, the sequence of actions performed by an authorized body or an official in order to achieve a positive result, when resolving individual administrative cases, as well as to resolve administrative conflicts and disputes in the field of activities of executive authorities, public administration.

Purpose of the administrative process - implementation of the lawful application of the norms of substantive administrative law and, as a result, an increase in the efficiency of the activities of executive authorities and public administration.

From a legal point of view, the administrative process ensures the legal implementation of the substantive norms of administrative law and the possibility of appealing against an unlawful decision taken by a powerful subject of management.

The essence of administrative procedural norms has a dual purpose. On the one hand, these norms implement law enforcement functions, as they ensure the implementation of substantive norms, and on the other hand, they play a law enforcement role, since they regulate the procedure for the implementation of these norms, fixed procedurally, and ensure the right to complain.

The procedure for considering administrative cases includes certain guarantees of legality (legal, economic, political, etc.), while ensuring the practical implementation of the right of citizens to protection.

Generic Administrative Process Object - public relations regulated by various branches of law - administrative, civil, labor, financial, municipal, etc., except for criminal law.

This makes it possible to present the administrative process as a set of various types of administrative proceedings for the implementation of lawful relations that arise in the course of individual cases, regardless of which branch of law the public relations regulated by law belong to. In this regard, administrative procedural norms, according to the fair assertion of many scientists, can be singled out as a separate branch of law.

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.

51. STAGES OF THE ADMINISTRATIVE PROCESS

Stage - an independent part of sequentially performed procedural actions or operations, which, in comparison with general tasks, has its own characteristics regarding the parties to this process, their rights and obligations, procedural deadlines, actions and the nature of procedural documents being drawn up.

Stages of the administrative process: initiation of an administrative case; its investigation and sending materials according to jurisdiction; consideration of the case by the competent authority (official) and adoption of a decision; optional - appeal and protest of the decision, its revision; obligatory execution of the decision rendered in the case.

Initiation of a case on an administrative offense is both a procedural action and a legal fact of the emergence of administrative procedural relations. It can be at the initiative of both an authorized body (person) and a citizen (for example, filing a complaint). The basis for initiating a case is the commission of an administrative offense and the existence of a rule providing for responsibility, about which a protocol is drawn up.

In the process of administrative investigation such procedural actions are implemented as the collection and fixation of evidence, the execution of a protocol on the initiation of an administrative case, the decision on the suspension or termination of proceedings. Measures for ensuring the proceedings on cases have also been determined, in particular: administrative detention; personal search and inspection of things; seizure of things and documents; suspension from driving and examination for intoxication.

Consideration of a case on an administrative offense - the main stage of administrative proceedings, within which the features of jurisdictional administrative procedural activity are manifested.

For each case, the law defines the procedure for preparing, the procedure and terms for its consideration. Cases of administrative offenses are considered according to jurisdiction, as a rule, in the presence of the offender. A decision in a case on an administrative offense may be appealed by the person in respect of whom it was issued, or by the victim, to a higher executive body or in a judicial proceeding. An appeal is also possible to the prosecutor's office. The filing of a complaint and the filing of a protest by the prosecutor, as a rule, suspends the execution of the decision until the complaint or protest is considered.

A complaint against the decision is filed within 10 days and considered within ten days. A complaint against a decision on administrative arrest is considered within XNUMX hours from the date of filing the complaint.

The procedure for the execution of decisions on cases of administrative offenses is an important guarantee of observance of the rights of citizens brought to administrative responsibility. The purpose of the execution of decisions is the practical implementation of the administrative punishment imposed on the offender.

52. PROCEEDINGS ON CASES ON ADMINISTRATIVE OFFENSES

Purpose of administrative proceedings - timely, complete and objective clarification of the circumstances of the case, its resolution in strict accordance with the law and ensuring the timely and accurate execution of the decision.

Circumstances excluding proceedings in a case of an administrative offense. Proceedings regarding an administrative offense cannot be started, and the started proceedings must be terminated if at least one of the following circumstances exists:

1) the absence of an event and elements of an administrative offense;

2) the person did not reach the age of 16 at the time of committing the administrative offense;

3) irresponsibility of a person who has committed an unlawful act or inaction;

4) act of a person in a state of emergency or necessity of defense;

5) issuance of an amnesty act, if it eliminates the application of an administrative penalty;

6) cancellation of the act establishing administrative responsibility;

7) expiration by the time of consideration of the case of an administrative offense of the terms provided for by law (two months);

8) the presence, on the same fact, in relation to the person brought to administrative liability, of a resolution of the competent body (official) to impose an administrative penalty or an unreversed decision of a comrades’ court, if the materials were transferred on a legal basis, as well as the existence of a criminal case on this fact;

9) death of the person against whom proceedings were initiated. Cases of administrative offenses are considered openly.

In order to ensure the legality of administrative proceedings in cases of administrative offenses The prosecutor has the right:

▪ initiate proceedings regarding an administrative offense;

▪ participate in the consideration of a case of an administrative offense, submit petitions, give opinions on issues arising during the consideration of the case;

▪ lodge a protest against decisions in a case of an administrative offense, regardless of participation in the case, as well as perform other actions provided for by the Federal Law.

The prosecutor must be notified of the place and time of the consideration of the case on an administrative offense committed by a minor, as well as the case on an administrative offense initiated at the initiative of the prosecutor.

Proceedings in cases of administrative offenses are regulated by the norms of Sec. 4 of the Code of Administrative Offenses of the Russian Federation.

53. TYPES OF INDIVIDUAL ADMINISTRATIVE CASES AND TYPES OF ADMINISTRATIVE PROCEEDINGS

Types of individual administrative cases:

▪ cases of administrative violations;

▪ cases of disciplinary violations;

▪ cases of citizens' appeals;

▪ cases on admission to citizenship of the Russian Federation;

▪ cases of administrative compensation for material damage caused to the state, enterprise, institution, organization;

▪ cases on the execution of decisions on the imposition of administrative penalties;

▪ cases related to administrative supervision;

▪ arbitration cases on disputes in the field of management, etc.

Individual administrative cases are merged into certain types of administrative proceedings:

▪ proceedings in cases of administrative offenses;

▪ disciplinary proceedings;

▪ proceedings on cases of citizens’ appeals;

▪ proceedings on cases of admission to citizenship of the Russian Federation;

▪ proceedings for administrative compensation for material damage caused to the state, enterprise, institution, organization;

▪ proceedings for the execution of decisions on the imposition of administrative penalties;

▪ proceedings related to administrative supervision;

▪ arbitration proceedings on disputes in the field of management and other proceedings.

one side administrative and procedural relations is always a judge, body or authorized official exercising powers of a state-imperious nature; second party is a natural or legal person who has committed an administrative offense.

54. ADMINISTRATIVE JURISDICTION

Administrative jurisdiction - the activities of judges, bodies, officials authorized to consider cases of administrative offenses established by administrative legislation, as well as legal consideration and resolution of administrative disputes by authorized bodies, officials, and, if necessary, the restoration of violated rights and the application of legal sanctions in the administrative procedural order to guilty.

The main features (signs) of administrative and jurisdictional activities:

1. Jurisdictional activities, in essence, basically contain the consideration and resolution of cases of administrative offenses and individual cases of administrative legal disputes in the amount and manner determined by the administrative procedural norms and administrative procedures.

2. Bodies of executive power may also be parties to an administrative-legal dispute.

3. The basis of administrative and legal disputes, as a rule, is the legal resolution by the authorized body, an official of individually specific disputes, which by their nature are subjective, i.e. one of the parties is trying to restore or protect its subjective or so-called imaginary a right or possibly an infringed interest. In this case, the authorized body, official qualify (give a legal assessment) the legal dispute and make a binding decision.

4. The rules and procedure for the consideration and resolution of administrative-legal, procedural disputes and cases of administrative offenses are regulated by administrative-procedural norms.

5. The norms of administrative law not only regulate managerial relations, but also create the basis for special administrative-legal relations, which at a certain stage have relations of equality of the parties, which then go into the stage of inequality, for example. conclusion of an administrative contract on contract service.

6. To a certain extent, administrative jurisdiction as a system is an interconnected and interdependent set of types of administrative proceedings that have some integrity in the order and sequence of the stages of production.

7. Administrative jurisdiction (subordination) has its own specific features for the types of authorized entities exercising it. The Code of Administrative Offenses of the Russian Federation lists 61 subjects authorized to exercise the functions of administrative jurisdiction.

Jurisdictional activity, in addition, carries out a wide range of law enforcement functions in various branches of law (financial, housing, land, water, labor, etc.).

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.

56. PROSECUTIONAL AND ADMINISTRATIVE SUPERVISION

In accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" in order to ensure the rule of law, unity and strengthening the rule of law, protect the rights and freedoms of man and citizen, as well as the legally protected interests of society and the state The Prosecutor's Office of the Russian Federation carries out:

▪ supervision over the implementation of laws by federal executive authorities (FEB), representative and executive bodies of constituent entities of the Russian Federation, local government bodies, military command and control bodies, control bodies, their officials, as well as compliance with the laws of legal acts issued by them;

▪ supervision over the observance of human and civil rights and freedoms by federal executive authorities, representative and executive bodies of constituent entities of the Russian Federation, local government bodies, military command and control bodies, control bodies, their officials, as well as heads of commercial and non-profit organizations;

▪ supervision over the implementation of laws by bodies carrying out operational investigative activities, inquiry and preliminary investigation;

▪ criminal prosecution in accordance with the powers established by criminal procedure legislation;

▪ coordination of the activities of law enforcement agencies to combat crime. The Prosecutor's Office oversees compliance with the Constitution of the Russian Federation and the implementation of laws and compliance with the laws of those legal acts that are issued by authorized state authorities. The prosecutor's office does not replace them and does not interfere in operational and economic activities, since it does not have the right to judge its appropriateness, cancel or change management acts.

Checks on the implementation of laws by the prosecutor's office are carried out on the basis of reports received and other information about violations of the law that require direct prosecutorial response.

Prosecutor's rights:

1) protest against acts that contradict the law or go to court to protect the rights and legally protected interests of citizens, society and the state;

2) carry out criminal prosecution or administrative proceedings;

3) submit a proposal to eliminate violations of the law;

4) issue a written warning about the inadmissibility of violating the law if there is information about impending illegal acts.

Administrative supervision - systematic monitoring of the exact and strict observance of laws and regulations, carried out by specially authorized federal executive authorities within their competence on issues within their jurisdiction in relation to legal entities and individuals not organizationally subordinate to them (Decree of the President of the Russian Federation of May 12.05.2008, 724 No. XNUMX).

Purpose of administrative supervision - ensure the safety of the individual, society, state, as well as the required quality of products and services.

For example, special supervision as a type of administrative supervision is carried out by the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, which is under the jurisdiction of the Russian Ministry of Health and Social Development.

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.

58. STATE BODIES IN THE SPHERE OF ECONOMIC ACTIVITY

The President of the Russian Federation implements the domestic and foreign policy of the state, while having a significant impact on the development of the economy as a whole. Great powers in the economic sphere are exercised by The Russian government (see question 32).

3 federal services subordinated to the Government have their powers:

1. Federal Customs Service maintains registers of persons carrying out activities in the field of customs; determines the form and procedure for issuing a permit from the customs authority for customs operations, etc.

2. Federal Tariff Service exercises authority to determine prices (tariffs) for services in the electric power industry; for services of transport terminals, ports, airports; for transportation of gas, oil and oil products, etc.

3. federal antimonopoly service exercises control over the observance by organizations and authorities of antimonopoly legislation, legislation on natural monopolies, legislation on advertising, etc.

Ministry of Regional Development of the Russian Federation organizes: carrying out the state examination of project documentation of objects; carries out state control over the observance by state authorities of the constituent entities of the Russian Federation of legislation on urban planning, etc.

Ministry of Economic Development of the Russian Federation carries out legal regulation on the following issues: monitoring of socio-economic processes; economic relations of Russia with foreign states; investment activity and public investment; entrepreneurial activity, etc.

2 federal services and 5 federal agencies subordinate to the Ministry of Economic Development have their powers.

Federal State Statistics Service collects statistical reporting and generates official statistical information on its basis, etc.

Federal Registration Service carries out state registration of rights to real estate and transactions, etc.

Federal Agency for Geodesy and Cartography ensures the unity of geodetic measurements, activities for testing means of geodetic measurements, etc.

Federal Agency for State Reserves ensures the formation, placement, storage, use, replenishment and refreshment of stocks of the state material reserve, etc.

Federal Real Estate Cadastre Agency conducts territorial land management; carries out: technical inventory of capital construction objects; state cadastral valuation of land, etc.

Federal Agency for State Property Management conducts competitions in accordance with the established procedure and concludes agreements on the organization of tenders (competitions, auctions); carries out accounting of federal property, maintaining its register and issuing extracts from it, etc.

Federal Agency for Management of Special Economic Zones manages special economic zones; manages and disposes of real estate and land plots, etc.

59. SYSTEM OF EXECUTIVE AUTHORITIES IN THE SPHERE OF AGRICULTURE (Agriculture)

The system of public administration in the agricultural sector includes the following organizational and legal forms: the Ministry of Agriculture of the Russian Federation (Ministry of Agriculture of Russia) and the federal executive authorities subordinate to it:

1) Federal Service for Veterinary and Phytosanitary Surveillance;

2) Federal Fishery Agency;

3) Federal Forestry Agency.

Ministry of Agriculture of the Russian Federation resolves general issues of organizing the management of agricultural enterprises classified as federal property. The Ministry of Agriculture of Russia carries out Features on the development of state policy and legal regulation in the field of agro-industrial complex, including animal husbandry, veterinary medicine, crop production, plant quarantine, melioration, soil fertility, regulation of the agricultural raw material and food market, food and processing industry, sustainable development of rural areas, as well as in the field of fishing, production activities on ships of the fishing fleet and in sea fishing ports, protection, study, conservation, reproduction and use of wildlife objects classified as hunting objects, and aquatic biological resources, etc.

Federal Service for Veterinary and Phytosanitary Surveillance performs the functions of control and supervision in the field of veterinary medicine, quarantine and plant protection, breeding achievements, control over the protection, reproduction, use of wildlife objects classified as hunting objects, aquatic biological resources.

Federal Fisheries Agency:

1) develops: methods for calculating the amount of damage caused to aquatic biological resources; charter of service on the vessels of the fishing fleet; the procedure for establishing restrictions on fishing; the procedure for determining the boundaries of fishing areas, etc.;

2) organizes: comprehensive study, state accounting and state monitoring of aquatic biological resources; training and advanced training of specialists for fisheries, etc.;

3) maintains the state cadastre of wildlife objects belonging to fishery objects, etc.

Federal Forestry Agency:

1) solves the issues of establishing felling ages, classifying forests as valuable, operational, reserve forests and allocating especially protective areas, etc.;

2) carries out the state inventory of forests;

3) determines the number of forest areas, forest parks, sets their boundaries, etc.

Executive authorities of the constituent entities of the Russian Federation and LSG bodies have broad powers in the field of agricultural management: they develop and implement regional programs to improve soil fertility, manage the veterinary and phytosanitary services, fisheries, and provide assistance to agricultural producers at their level.

60. AUTHORITIES OF THE GOVERNMENT AND MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION IN THE SPHERE OF TRANSPORT

By the Constitution of the Russian Federation, federal transport, means of communication are assigned to the jurisdiction of the Russian Federation. The most important management issues in this area are resolved at the level of the Government of the Russian Federation and federal executive authorities.

Government solves general questions of the organization of management of transport enterprises. In the main areas of its work, the Government develops and submits draft laws to the State Duma. The economic situation of all industries, agriculture and the provision of legally fixed public services to legal entities and individuals depend on the efficient operation of transport.

In accordance with the Decree of the President of the Russian Federation dated May 20.05.2004, 649 No. XNUMX, a RF Ministry of Transport (Ministry of Transport of Russia), and the Decree of the Government of the Russian Federation of July 30.07.2004, 396 No. XNUMX approved the Regulations on it.

The Ministry of Transport of Russia is a federal executive body responsible for the development of state policy and legal regulation in the field of air, sea, inland water, rail, road and urban electric (including metro), industrial transport, and road infrastructure.

Ministry of Transport of Russia provides coordination and control activities under its jurisdiction:

1) Federal Service for Supervision of Transport;

2) Federal Air Transport Agency;

3) Federal Road Agency;

4) Federal Agency for Railway Transport;

5) Federal Agency for Maritime and River Transport;

6) Federal Air Navigation Service.

Ministry of Transport of Russia authorized independently carry out regulatory and legal regulation, as well as develop and submit draft laws to the Government on the following questions:

1) structural reform in the field of transport and communications;

2) development of road, air, rail, inland waterway, maritime transport and other;

3) design, construction and operation of motor roads;

4) international cooperation in the field of transport;

5) budget financing in the field of transport;

6) expertise and forecasting in the field of transport;

7) transport security.

Executive authorities of the constituent entities of the Russian Federation and LSG organize transport services for the population on their territory, control its condition, performance and safety.

61. SYSTEM OF FEDERAL EXECUTIVE AUTHORITIES IN THE SPHERE OF TRANSPORT

Federal Service for Supervision in the Sphere of Transport performs Features for control and supervision in the field of air, maritime (including ensuring the safety of navigation and order in sea fishing ports), inland waterways, railway, automobile and urban electrical (including metro), industrial transport and road facilities, as well as the functions of technical supervision of sports courts, and carries out its activities directly and through its territorial bodies.

Federal Air Transport Agency performs Features for the provision of public services, state property management and law enforcement functions in the field of air transport and the civil part of the Unified Air Traffic Management System.

Federal Highway Agency performs Features for the provision of public services, for the management of state property and law enforcement functions in the field of road transport and road infrastructure.

In road transport and in the road sector, a significant amount of control and supervision functions are performed by the bodies and divisions of the traffic police of the Ministry of Internal Affairs.

Federal Agency for Railway Transport performs Features for the provision of public services, management of state property, as well as law enforcement functions in the field of railway transport.

Federal Agency of Sea and River Transport performs Features for the provision of public services, for the management of state property, as well as law enforcement functions in the field of sea and river transport, including in relation to sea fishing ports, in order to develop the transport complex; publication of individual legal acts in the field of activity; maintenance of registers, registers and cadastres.

Federal Agency for Geodesy and Cartography performs Features for the provision of public services and the management of state property in the field of geodetic and cartographic activities, as well as the names of geographical objects.

Under the jurisdiction of the Ministry of Transport of Russia is Federal Air Navigation Service. She:

1) develops federal aviation regulations;

2) issues: permits for transit flights of foreign aircraft through the airspace of Russia; permits for single flights;

3) provides state services for air navigation services to users of Russian airspace;

4) organizes a unified system of aerospace search and rescue;

5) provides management of the operation of the Unified Air Traffic Management System, etc.

62. SYSTEM OF EXECUTIVE AUTHORITIES IN THE SPHERE OF INDUSTRY, ENERGY AND COMMUNICATIONS

Presidential Decree No. 12.05.2008 dated May 724, XNUMX established Ministry of Industry and Trade of the Russian Federation (Ministry of Industry of Russia).

Carries out legal regulation on the following questions:

1) state policy in the field of industry, military-industrial complex and structural policy;

2) priority areas of scientific and technological development and innovation;

3) state policy in the field of technical regulation and metrology, development of technical regulations;

4) trade and economic relations with foreign states and internal trade, etc.

Manages: registers of organizations of the military-industrial complex, hazardous production facilities; register of nuclear materials; balance of production, distribution and use of explosive materials for industrial use. In addition, it secures for Russia the rights to objects of intellectual property and other results of scientific and technical activities.

Subordinate to the Ministry of Industry of Russia Federal Agency for Technical Regulation and Metrology:

1) organizes: examination and preparation of opinions on draft federal targeted programs; examination of draft national standards; verification of measuring instruments in Russia, etc.;

2) manages the activities of public services (metrological, standard samples of the composition and properties of substances and materials, etc.).

The agency is in charge of: federal information fund of technical regulations and standards; unified information system for technical regulation; registers of declarations of conformity, issued certificates, types of measuring instruments, voluntary certification systems; federal catalog of products for state needs; state cadastre of civil and military weapons and cartridges for them, etc.

Presidential Decree No. 12.05.2008 dated May 724, XNUMX established Ministry of Energy of the Russian Federation (Ministry of Energy of Russia), which inherited the powers and staff of the abolished Federal Energy Agency.

Carries out legal regulation on the following questions:

1) state energy policy, structural policy in the field of the fuel and energy complex, including the reform of natural monopolies, rational use and conservation of energy resources;

2) state policy in the field of the use of atomic energy, technical safety, etc.

Among main functions Ministry of Energy of Russia:

1) coordination of the activities of organizations for the development of forecasts for the development of electric and thermal power (with the exception of nuclear energy), oil production, oil refining, gas, coal, shale and peat industries, gas supply and gas management, oil products supply, main pipelines of oil, gas and their products, non-traditional energy ;

2) implementation of measures to prevent and eliminate emergency situations at the facilities of the fuel and energy complex, etc.

63. SYSTEM OF EXECUTIVE AUTHORITIES IN INDUSTRY, ENERGY AND COMMUNICATIONS (CONTINUED)

Presidential Decree No. 12.05.2008 dated May 724, XNUMX established Ministry of Communications and Mass Communications of the Russian Federation, combining different types of government activities for different purposes. Essentially, the federal supervisory service and the federal agency in the field of press and mass communications, which plays a crucial role in the field of culture, were combined with the technical federal executive authority for communications and information technology. The Ministry adopts requirements for: communication networks, their construction and description, their management; numbering, protection of communication networks from unauthorized access; use of the radio frequency spectrum, etc.

The Ministry of Telecom and Mass Communications of the Russian Federation is in charge of federal agencies and services:

1. Federal Service for Supervision of Communications and Mass Media performs state control and supervision in the fields of communications, television broadcasting and radio broadcasting and maintains registers of licenses. Monitors compliance with the requirements for: the construction of telecommunication and postal networks, the passage of traffic and its routing, and so on. In addition, the service registers mass media, radio-electronic means and high-frequency devices for civil purposes and conducts state accreditation of organizations that carry out collective management of copyright and related rights, etc.

2. Federal Agency for Press and Mass Communications performs the functions of: providing public services; management of state property; law enforcement functions in the field of printing, mass media and mass communications, including public computer networks in the field of electronic media, publishing and printing activities, etc.

3. Federal Agency for Information Technology organizes: confirmation of the authenticity of electronic digital signatures; registration of state information resources and systems, etc.

4. Federal Communications Agency together with the Federal Agency for Information Technologies, it maintains the registration of declarations of conformity of communication facilities and the register of certificates of conformity of the certification system in the field of communications, etc.

This area also operates Federal Space Agency (FKA), which is administered by the Government. It:

1) organizes the use of space technology for the implementation of the Federal Space Program; certification of space technology for scientific and socio-economic purposes;

2) provides: launches of military spacecraft and development of space infrastructure (together with the Russian Ministry of Defense); safety of space activities (together with the relevant state services); maintaining a register of space objects.

64. EXECUTIVE AUTHORITIES IN THE FIELD OF FINANCIAL RELATIONS

Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) exercises the following powers: to organize the execution of the federal budget, established by the budget legislation of Russia; on state regulation of audit activities; on the organization of state control over the quality of sorting and evaluation of precious stones and federal assay supervision, etc.

Federal Tax Service (FTS) has the right:

1) demand documents from the taxpayer or tax agent (according to the established forms);

2) conduct tax audits in accordance with the established procedure;

3) seize documents from a taxpayer or tax agent during tax audits;

4) summon, on the basis of a written notice to the tax authorities, a taxpayer, a payer of fees or a tax agent to give explanations;

5) to suspend, in accordance with the established procedure, operations on bank accounts of taxpayers, payers of fees and tax agents and seize their property;

6) examine objects used by the taxpayer to generate income or related to the maintenance of objects of taxation;

7) determine the amounts of taxes, fees and other obligatory payments to be made by the taxpayer to the budget and state non-budgetary funds, by calculation on the basis of available information about the taxpayer;

8) require taxpayers, tax agents, their representatives to eliminate identified violations of the law, etc.

The system of bodies of the Federal Tax Service includes bodies of the same name in the constituent entities of the Russian Federation, the Main Department of Tax Investigations for Taxes and Duties, departments (departments) of tax investigations under state tax authorities in the constituent entities of the Russian Federation, regions and cities.

Federal Insurance Supervision Service performs the functions of control and supervision in the field of insurance activities.

Federal Service for Financial and Budgetary Supervision performs the functions of control and supervision in the financial and budgetary sphere, as well as the functions of a currency control body.

Federal Financial Monitoring Service takes measures to counter the legalization (laundering) of proceeds from crime, the financing of terrorism and coordinating the activities in this area of other federal executive bodies; collects, processes and analyzes information on operations (transactions) with funds or other property subject to control in accordance with the legislation of the Russian Federation.

Federal Treasury checks monetary documents in executive authorities, in banks, institutions and organizations of any form of ownership; controls the implementation of budgetary legislation and compliance with financial discipline, as well as performs documentary audits, audits of financial activities and organizes audit control.

Federal Service for Financial Markets is under the control of the Government of the Russian Federation. In its activities, it is guided by the Federal Law "On the securities market", the Federal Law "On counteracting the legalization (laundering) of proceeds from crime."

65. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF EDUCATION AND SCIENCE

In the Law of the Russian Federation "On Education", the central idea is the state priority of the care of the authorities and society about education as the future of the country. On various issues of education, the Government of the Russian Federation adopts a fairly large number of by-laws.

In accordance with the Decree of the President of the Russian Federation dated May 12.05.2008, 724 No. XNUMX, a Ministry of Education and Science of the Russian Federation. It implements Features on the development of state policy and legal regulation in the field of education, scientific, scientific, technical and innovative activities, intellectual property, as well as in the field of youth policy, education, social support and social protection of students and pupils of educational institutions.

Ministry of Education and Science of the Russian Federation provides coordination and control activities under its jurisdiction:

1) Federal Service for Intellectual Property, Patents and Trademarks;

2) Federal Service for Supervision in Education and Science;

3) Federal Agency for Science and Innovation;

4) Federal Agency for Education.

The Ministry of Education and Science of the Russian Federation, on the basis of the Constitution of the Russian Federation and in pursuance of the Federal Law, Federal Law, acts of the President of the Russian Federation and the Government of the Russian Federation, independently carries out legal regulation, and also develops and submits to the Government drafts of the Federal Law, Federal Law, Government decrees on science and education.

In accordance with the Decree of the President of the Russian Federation of May 12.05.2008, 724 No. XNUMX, a Federal Service for Intellectual Property, Patents and Trademarks, and by Decree of the Government of the Russian Federation dated June 16.06.2004, 299 No. XNUMX, the Regulations on it were approved. It is a federal executive authority that carries out Features on control and supervision in the field of legal protection and use of intellectual property, including patents and trademarks.

In accordance with the Decree of the President of the Russian Federation of May 12.05.2008, 724 No. XNUMX, a Federal Service for Supervision in Education and Science, and by Decree of the Government of the Russian Federation dated June 17.06.2004, 300 No. XNUMX, the Regulations on it were approved. It is a federal executive authority that carries out Features on control and supervision in the field of education and science.

In accordance with Decree of the President of the Russian Federation of May 12.05.2008, 724 No. 06.04.2004 and Decree of the Government of the Russian Federation of April 167, XNUMX No. XNUMX, the Regulations on Federal Agency for Science and Innovation. It implements Features for the provision of public services, for the management of state property and law enforcement functions (with the exception of functions for control and supervision) in the field of scientific, scientific, technical and innovative activities.

In accordance with the Decree of the President of the Russian Federation dated May 12.05.2008, 724 No. XNUMX, a Federal Agency for Education, and by Decree of the Government of the Russian Federation dated June 17.06.2004, 288 No. XNUMX, the Regulations on it were approved. It is a federal executive authority that carries out Features for the provision of public services, the management of state property, as well as law enforcement functions in the field of education, upbringing and youth policy.

66. SYSTEM OF EXECUTIVE AUTHORITIES AND ADMINISTRATIVE LEGAL FRAMEWORK FOR REGULATION OF RELATIONS IN THE SPHERE OF CULTURE

culture - a complex social category, more often referred to the sphere of the spiritual life of people, their aesthetic, moral education and religious self-consciousness.

Ministry of Culture of Russian Federation (Ministry of Culture of Russia) was formed in accordance with the Decree of the President of Russia dated May 12.05.2008, 724 No. XNUMX. It is a federal executive authority that implements Features on the development of state policy and legal regulation in the field of culture, art, cinematography, media, archives and on issues of interethnic relations.

Ministry of Culture of Russia provides coordination and control activities of two organizational and legal forms of federal executive authorities under his subordination:

1) the Federal Service for Compliance with Legislation in the Field of Cultural Heritage Protection and

2) Federal Archival Agency. The Ministry of Culture of Russia is authorized, on the basis of and in pursuance of the Constitution of the Russian Federation, the Federal Law, the Federal Law, acts of the President of the Russian Federation and the Government of the Russian Federation, to carry out legal regulation, as well as to develop and submit to the Government of the Russian Federation drafts of the Federal Law, Federal Law and acts of the President of the Russian Federation and the Government of the Russian Federation:

The main tasks of the Russian Ministry of Culture are: development and implementation of state policy in the field of culture; - aesthetic education, art education, pedagogical activity in this area; - scientific research in the field of culture; - creating conditions for the preservation and development of the culture of all peoples living on the territory of the Russian Federation; - assistance in the realization by citizens of the rights to freedom of creativity, cultural activity, satisfaction of spiritual needs and familiarization with the values of domestic and world culture; - promoting the development of the leisure sector; providing state support and creating conditions for professional art; - implementation of state policy in the field of protection and popularization of historical and cultural heritage; - development and implementation of federal programs for the preservation and development of culture; - formation and ensuring the functioning of the federal system of special professional education in the field of culture; - participation in the development and implementation of state financial, investment and innovation policies in the field of culture; - development and coordination of international cultural relations, etc.

Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection carries out:

1) state control and supervision over: export from Russia and import into its territory of cultural property; the state of the Museum Fund of Russia; compliance of the processing of personal data with the requirements of the law;

2) registration of assignment (assignment) of radio frequencies and radio frequency channels;

3) activity licensing; certification of experts on cultural property, etc. It maintains registers of licenses, registers cultural property, the facts of their loss, loss, theft, etc.

Federal Archival Agency performs Features for the provision of public services, management of federal property, as well as law enforcement functions in the field of archiving.

67. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF HEALTH AND SOCIAL DEVELOPMENT

The Fundamentals of the RF Legislation on the Protection of Citizens' Health defines the organizational principles of state, municipal and private health care and the issues of its financing.

Ministry of Health and Social Development of the Russian Federation (Ministry of Health of Russia) carries out Features on the development of state policy and legal regulation in the field of healthcare, social development, labor, physical culture, sports, tourism and consumer protection.

The Ministry of Health of Russia is authorized to carry out legal regulation in the established field of activity, as well as to develop and submit draft laws to the Government on the following issues: health care, including the organization of medical prevention and medical care, pharmaceutical activities; quality, efficacy and safety of medicines; resort business; sanitary and epidemiological well-being; standard of living and income of the population; salary; pension provision; social insurance; conditions and labor protection; social partnership and labor relations; employment and unemployment; work migration; alternative civilian service; social protection; demographic policy; physical Culture and sport; tourism; consumer rights Protection.

The Ministry of Health coordinates the activities of state non-budgetary funds subordinate to it, as well as provides coordination and control activities of the federal executive authorities under its jurisdiction:

1. Federal Service for Supervision of Consumer Rights Protection and Human Welfare performs Features on control and supervision in the field of sanitary and epidemiological well-being, consumer rights protection and in the consumer market.

2. Federal Service for Supervision of Health and Social Development performs Features on control and supervision in the field of health and social development.

3. Federal Service for Labor and Employment carries out law enforcement Features in the field of labor, employment and alternative civil service, functions of control and supervision over compliance with labor legislation and other regulatory legal acts containing labor law, legislation on employment of the population, on alternative civil service, functions for the provision of public services in the field of promoting employment of the population and protection against unemployment, labor migration and settlement of collective labor disputes.

4. Federal Biomedical Agency the functions and staff of the abolished Federal Agency for High-Technological Medical Assistance were transferred. It carries out Features on control and supervision in the field of sanitary and epidemiological welfare of employees of organizations of certain industries with especially dangerous working conditions and the population of certain territories, law enforcement functions and functions for the provision of public services and management of state property in the field of health care for employees of organizations of certain industries with especially dangerous dangerous working conditions and the population of certain territories.

68. SYSTEM OF EXECUTIVE AUTHORITIES IN THE SPHERE OF STATE DEFENSE MANAGEMENT

The main legal basis for the organization of defense in the country is the Constitution of the Russian Federation and the Federal Law "On Defense", "On Military Duty and Military Service", "On the Status of Military Personnel", etc.

Ministry of Defense of the Russian Federation. He is in charge of:

1) Federal Service for Military-Technical Cooperation;

2) Federal Service for Defense Orders;

3) Federal Service for Technical and Export Control of the Russian Federation;

4) Federal Agency for Special Construction.

The Ministry of Defense coordinates and controls the activities of subordinate services and agencies, carries out the functions of developing state policy and legal regulation in the field of activity established by acts of the President and the Government, and cancels their illegal individual legal acts. The Ministry of Defense is not entitled to exercise control and supervision in the sphere of activities of services and agencies, law enforcement functions and to manage state property.

General command of the Armed Forces is carried out by The Federal Assembly and the Government within the limits of their powers, determined by the Constitution of the Russian Federation and the Federal Law "On Defense".

President is the Supreme Commander of the Armed Forces, forms and heads the Security Council, approves military doctrine, appoints and dismisses the high command of the Armed Forces, negotiates and signs international treaties. That is, it directly manages the activities of the Ministry, and also approves the Regulations on the Ministry of Defense. In the event of aggression against the Russian Federation or an immediate threat of aggression, it introduces martial law on the territory of the country or in its individual areas with an immediate notification of this to the Federation Council and the State Duma.

Government directly solves the main tasks of strengthening the country's defense. The Federal Law "On Defense" defines the foundations and organization of defense, the powers of state authorities, the functions of state authorities of the constituent entities of the Russian Federation, organizations and their officials, as well as other norms relating to defense.

Functions of executive authorities of constituent entities of the Russian Federation and local governments in the field of defense:

1) organize and ensure the implementation of legislation in the field of defense;

2) participate in the development of the Federal State Program for the Operational Equipment of the Territory of the Russian Federation and ensure, within their territories, the implementation of measures for its implementation and preparation of communications for defense purposes;

3) organize and ensure military registration and training of citizens for military service, their conscription for military service, military training and mobilization call;

4) carry out booking of citizens from among those working in state authorities, local governments and organizations for the period of mobilization and in wartime;

5) provide accounting and mobilization preparation of vehicles and other technical means for defense purposes.

69. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF SECURITY

President of the Russian Federation: heads the Security Council of the Russian Federation; controls and coordinates the activities of state security bodies; within the limits of the competence determined by the law makes operational decisions on ensuring security.

Federal Security Service of Russia carries out activities on the principles of centralization and unity of command in matters of ensuring the security of the country, which is achieved by pursuing a unified state policy in the field of economic, political, informational, organizational and other nature, adequate to threats to the vital interests of the individual, society and the state.

FSB functions: identification and forecasting of internal and external threats to the vital interests of security facilities, implementation of a set of operational and long-term measures to prevent and neutralize them; creation and maintenance in readiness of forces and means of ensuring security; management of forces and means of ensuring security in everyday conditions and in emergencies; implementation of a system of measures to restore the normal functioning of security facilities in the regions affected by emergencies.

The subject of security is also Russian Foreign Intelligence Serviceensuring the security of the country, protecting the security of the individual, society and state from external threats using special methods and means determined by the legislation of the country.

Intelligence agencies and their subdivisions obtain and process information affecting the vital interests of the Russian Federation, as well as about the real and potential capabilities, actions, plans and intentions of foreign states, organizations and individuals regarding the state of the country's security.

To the system of bodies carrying out foreign intelligence, includes units of the foreign intelligence agencies of the Ministry of Defense and the corresponding units of the FSB, performing the functions of the border service and information services to state authorities.

A special role in ensuring the security of the individual, society and the state is played by Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief.

Functions of the Ministry of Emergency Situations:

1) develops proposals for the formation of the foundations of a unified state policy in the field of activity;

2) organizes the development and submits for consideration by the President and the Government drafts of legislative and other regulatory legal acts in the field of activity;

3) adopts, within its competence, normative legal acts on civil defense issues and exercises control over their implementation;

4) carries out, in accordance with the Fundamentals (concept) of the state policy on military organizational development, coordination of the activities and interaction of the components of the military organization in the field of activity;

5) participates in the preparation of proposals to the President on the introduction of a state of emergency on the territory of the Russian Federation or in its individual areas in the event of an emergency, etc.

70. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF INTERNAL AFFAIRS

Ministry of Internal Affairs of the Russian Federation was formed in accordance with the Decree of the President of the Russian Federation of May 12.05.2008, 724 No. 19.07.2004, the regulation on it was approved by the Decree of July XNUMX, XNUMX, it is subordinate to the President of the Russian Federation.

Structure of the Ministry of Internal Affairs:

1) Main Directorate (GU) for transport;

2) State Inspectorate for Road Safety (STSI);

3) Main Directorate for Ensuring Public Order;

4) State Administration for Combating Organized Crime;

5) State Administration for Combating Economic Crimes;

6) State Criminal Investigation Department;

7) Passport and visa department;

8) Management of sensitive facilities;

9) Department of Internal Security;

10) Investigative Committee under the Ministry of Internal Affairs of the Russian Federation;

11) Main Command of Internal Troops.

The system of the Ministry of Internal Affairs also includes internal troops, consisting of districts of internal troops, formations, military units, military educational institutions, institutions for ensuring the activities of internal troops, control bodies of internal troops.

The internal affairs bodies and internal troops are unified system of the Ministry of Internal Affairs of the Russian Federation.

Functions of the Ministry of Internal Affairs:

1) determines the main areas of activity of the internal affairs bodies and internal troops in protecting the rights and freedoms of man and citizen, protecting objects regardless of ownership, ensuring public order, public safety, participates in the development and implementation of federal targeted programs in the field of combating crime;

2) analyzes the state of law and order and crime, develops long-term and operational forecasts for the development of the crime situation and, on this basis, makes proposals to the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation in the prescribed manner on strengthening the rule of law, ensuring public order and public safety, and strengthening the fight against crime , informs the population on these issues, organizes interaction with the media;

3) ensures the implementation by the internal affairs bodies and internal troops of the Constitution of the Russian Federation, FKZ, Federal Law, decrees and orders of the President, resolutions and orders of the Government, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted within their powers, and other functions.

The legal basis for the activities, tasks, organization, duties and rights of the police are defined by: the Constitution of the Russian Federation, the Code of Administrative Offenses, the Criminal Code, the Code of Criminal Procedure, the Law "On the Police"; the activities of the internal troops are regulated by the Federal Law "On the internal troops of the Ministry of Internal Affairs of the Russian Federation" and others.

The Federal Migration Service (FMS) is subordinate to the Ministry of Internal Affairs of Russia. She:

1) exercises control and supervision over compliance with: rules for registration and deregistration of citizens at the place of stay and place of residence; immigration rules for foreign citizens and stateless persons; rules for attracting foreign workers to Russia by employers and customers of work (services) and using their labor;

2) organizes: issuance of visas to foreign citizens and stateless persons to enter Russia; keeping records of persons in respect of whom decisions have been made to change citizenship; registration of Russian citizenship, etc.

71. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF JUSTICE

The system of justice bodies, as an independent branch of public administration, carries out important tasks to strengthen the rule of law, organize the protection of the rights and legitimate interests of citizens, enterprises, organizations, institutions and public associations.

Legal basis for the organization and activities of the Ministry of Justice are the Constitution of the Russian Federation, FKZ, FZ, generally recognized principles and norms of international law, international treaties of the Russian Federation, acts of the President and the Government. One of the main regulatory legal acts that determine the legal status of the Ministry is the provision approved by the Decree of the President of the Russian Federation of August 02.08.1999, 954 No. XNUMX.

The Ministry of Justice is in charge of:

1) Federal Penitentiary Service;

2) Federal Registration Service;

3) Federal Bailiff Service. The Ministry of Justice coordinates and controls their activities, carries out rule-making activities in the field of their activities and can cancel their unlawfully adopted individual legal acts, however The ministry has no right carry out the functions of control and supervision, as well as manage state property under their jurisdiction.

The Ministry of Justice of Russia pursues the state legal policy and manages in the field of justice, as well as coordinating the activities of other federal executive authorities in this area.

The activities of the Ministry of Justice of Russia are managed by the President of the Russian Federation and the Government.

The system of the Ministry of Justice includes its territorial bodies, other bodies and institutions of justice, as well as organizations that ensure their activities.

Functions of the Ministry of Justice:

1) coordinates the norm-setting activities of federal executive authorities in the field of activity;

2) conducts legal expertise of draft legislative and other regulatory legal acts submitted by federal executive authorities for consideration by the President and the Government;

3) conducts a legal examination of the normative legal acts of the subjects of the Russian Federation for their compliance with the Constitution of the Russian Federation and the Federal Law;

4) ensures the activities of authorized representatives of the Government in the State Duma and the Constitutional Court;

5) carries out state registration of normative legal acts of federal executive authorities affecting the rights, freedoms and obligations of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, and other functions.

Bodies of justice of the constituent entities of the Russian Federation: carry out registration and issue licenses to citizens and legal entities for the right to engage in certain activities in terms of providing legal services to the population and legal entities; coordinate the location of legal advice; organize the work of state notary offices, check their activities; organize the consideration of complaints and applications of citizens related to the organization of the work of institutions and organizations of justice, and other issues in accordance with their competence.

72. SYSTEM OF EXECUTIVE AUTHORITIES IN THE FIELD OF FOREIGN AFFAIRS

The president: determines the main directions of the foreign policy of the state; represents the country in international relations; manages foreign policy; negotiates and signs international treaties; signs instruments of ratification; accepts credentials and revocable letters of diplomatic representatives accredited to him; appoints and dismisses the Minister of Foreign Affairs on the proposal of the Prime Minister; appoints and recalls, after consultations with the relevant committees or commissions of the chambers of the Federal Assembly, Russian diplomatic representatives in foreign states and international organizations.

A sufficiently large amount of powers in the field of foreign affairs is exercised by Government. It carries out measures to ensure the implementation of foreign policy.

Ministry of Foreign Affairs was formed by Decree of the President of the Russian Federation No. 12.05.2008 dated May 724, 11.07.2004. Decree No. 865 dated July XNUMX, XNUMX approved the Regulations on it. It is in charge of the Federal Agency for CIS Affairs.

Tasks of the Ministry of Foreign Affairs: preservation of the territorial integrity of the Russian Federation; ensuring state security, establishing and consolidating friendly relations with Russia's strategic partners; protection of their individuals and legal entities abroad; participation in international cooperation, providing our country with favorable conditions and other positive areas of activity.

The Ministry of Foreign Affairs includes diplomatic missions and consular offices of the Russian Federation, representative offices of the Russian Federation at international (interstate, intergovernmental) organizations (hereinafter referred to as foreign institutions), territorial bodies - representative offices of the Ministry on the territory of the Russian Federation, as well as enterprises, institutions and organizations subordinate to it on the territory of the Russian Federation, created to ensure the activities Ministries (hereinafter referred to as organizations under the jurisdiction of the Ministry).

Functions of the Ministry of Foreign Affairs: develops and submits in accordance with the established procedure to the President and the Government proposals on issues of relations with foreign states and international organizations; develops draft international treaties, prepares proposals for the conclusion, implementation, termination and suspension of treaties and, in the prescribed manner, submits these proposals for consideration by the President and the Government; conducts negotiations with foreign states and international organizations; carries out general monitoring of the implementation of international treaties, participates in the preparation of proposals for bringing the legislation of the Russian Federation in line with its international legal obligations, etc.

The state management of foreign affairs is carried out by the following system of federal executive authorities: the Ministry of Foreign Affairs of the Russian Federation; ministries of foreign affairs of the republics within the Russian Federation; bodies of external relations of the constituent entities of the Russian Federation, as well as bodies of the Ministry of Foreign Affairs abroad - these are diplomatic missions (embassies and missions) and consular offices.

Author: Chetverikov V.S.

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ International private law. Lecture notes

▪ outpatient pediatrics. Crib

▪ Economical geography. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Eye-Fi Mobi cards for wireless image transfer 06.06.2013

The range of Eye-Fi, which produces SD memory cards combined with wireless adapters, has been replenished with two models of the new Eye-Fi Mobi series.

According to the manufacturer, Eye-Fi Mobi is the first memory card specifically designed to link a camera and a mobile device. Pictures taken by the camera in which such a card is installed are instantly visible on a tablet or smartphone with iOS or Android connected via a wireless channel.

Mobi claims to eliminate the hassle of transferring footage, allowing the photographer to focus on the shoot. Pictures transferred to a mobile device can be viewed, edited, shared on social networks and sent by mail as if they were taken with the built-in camera of a smartphone or tablet. There is no need to put up with the limitations of the built-in camera.

Among the advantages of Eye-Fi Mobi, the manufacturer notes the ease of installation and use. It does not require a computer or other equipment to operate. It is enough to install the appropriate application on your mobile device and enter the 10-digit card ID. One and the same card can be linked to several mobile devices. Although Wi-Fi is used for communication, no router or access point is needed.

The novelty is offered in two versions of volume: 8 and 16 GB. The cards cost $50 and $80 respectively. Both are labeled Class 10.

Other interesting news:

▪ Pomera DM30 digital typewriter with E Ink screen

▪ TI pocket projector

▪ Samsung's new line of R8 TVs

▪ Electric current against fouling

▪ Vision cells in the brain determine color and shape

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Fundamentals of safe life (OBZhD). Article selection

▪ article What we have, we do not store, having lost, crying. Popular expression

▪ article Can a groundhog predict the weather? Detailed answer

▪ article Methodist of the educational department. Job description