Legal encyclopedia. The letter a

ADMINISTRATIVE PROCESS

- a set of sequential actions to achieve a certain result; The procedure for carrying out an activity.

From a legal point of view, the process of its appointment has the implementation of substantive law. Activities for the realization of material

Administrative-legal norms can be regarded as an administrative process.

A twofold approach to understanding the essence and purpose of administrative and procedural activities is possible: law enforcement and law enforcement.

It is necessary to take into account the general qualities inherent in these two areas of its practical implementation:

1) they are directly dependent on the main feature of the process in its legal sense;

2) are organically linked with the defining properties of the activities for the practical implementation of the executive power.

Administrative and procedural activities can not be carried out outside the influence of the said properties, since it actually manifests itself as one of the elements characterizing the executive power in dynamics.

The essence of AP is that really administrative and legal relations are always perceived as procedural.

AP is characterized by the following features:

1) represents a kind of power activity of subjects of executive power;

2) the aim is to achieve certain legal results and to resolve administrative cases;

3) intermediate and final results of the process are fixed in official documents;

4) is regulated by administrative-procedural norms.

The basis for the formation of the concept of AP as a broad (pravoustanovitelnom and

Enforcement), and in the narrow

(Jurisdictional) sense is administrative and procedural activity, which is understood in two versions:

1) administrative procedural;

2) administrative and procedural.

Both options have some similarities: mostly extrajudicial procedures; The individual nature of the cases; Their regulation is often in one normative legal act (for example, a unified procedure for the consideration of applications, proposals and complaints of citizens), etc.

The most important distinction between them, which is held on the following grounds:

1) or the executive body (official) commits actions not related to the need to consider and resolve an administrative and legal dispute, or its actions are necessarily associated with a controversial situation arising in the sphere of public administration;

2) a legal assessment of the behavior of participants in managerial social relations is carried out within the framework of both versions of the administrative process. In the conduct of administrative and jurisdictional activities

It presumes the same in respect of the parties to the dispute, and

Administrative and procedural activities, legal assessment is a condition for the satisfaction of relevant applications (for example, issuing permits, licenses, etc.);

3) in both cases there are individual administrative cases, but different in nature;

4) in the implementation of administrative jurisdiction, coercion is a possible outcome of an administrative and legal dispute resolution;

5) the administrative and procedural activities are not complicated and do not require detailed regulation.

Depending on the content AP can be divided into three parts:

1) the process of administrative lawmaking;

2) right-to-do (operational-regulatory) process, in which the incentive, distribution, permitting and production for the manning of personnel, etc., are singled out;

3) administrative-jurisdictional process, in which the production of

Complaints and applications of citizens, on cases of administrative violations, on the application of measures of administrative restraint and disciplinary proceedings.

The stages of AP differ between each other by immediate tasks and goals, a special circle of participants and the specifics of their legal status, legal facts and procedural design.

Common to AP are the following stages:

1) analysis of the situation, during which the information on the actual state of affairs is collected, the real facts are studied;

2) decision-making, in which the will of the subject of power is established;

3) execution of the decision. Depending on the specifics of certain categories of cases decided by the executive, a number of administrative proceedings are made up of the stages inherent only in them.