The administrative legal personality of a citizen arises in full. Administrative capacity

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Fundamentals of the administrative and legal status of citizens

Administrative and legal status of citizens Russian Federation constitutes the most important and organic part of their general legal status established by the Constitution of the Russian Federation, the Federal Law of May 11, 2002 “On Citizenship of the Russian Federation”, and others legislative acts Russian Federation and its subjects.

The rights and obligations of citizens in the field of administrative law are mainly derived from the constitutional ones and are specified in many laws and regulations.

Contents of administrative and legal status person and citizen are:

a) a set of their rights and obligations, enshrined in the norms of administrative law;

b) guarantees for the implementation of these rights and obligations, including their protection by law and the mechanism of protection by authorities state power.

However, not all rights and obligations of a person and citizen are derived from his constitutional and legal status. For example, rights and obligations related to driving vehicles, purchasing weapons, etc.

The norms of administrative law on the status of a person and a citizen contain:

a) in complex legal acts containing only part of the norms related to the status of a person and citizen (acts on land, property, etc.);

b) in special rights new acts regulating concrete questions status of a person and citizen (Law of the Russian Federation of April 27, 1993 “On appealing to court actions and decisions that violate the rights and freedoms of citizens”, Federal Law of June 19, 2004 “On meetings, rallies, demonstrations, processions and pickets” and etc.

Legal acts do not identify the legal status of an individual (person) and a citizen of the Russian Federation. A citizen has more rights and responsibilities than an individual. Persons who are not citizens of the Russian Federation do not have some rights and obligations that belong to its citizens. For example, access to government jobs federal bodies Only citizens of the Russian Federation have power.

The administrative and legal status of citizens is determined, first of all, by the volume and nature of their administrative legal personality, which is formed by administrative legal capacity and administrative capacity.

Administrative legal capacity of a citizen– the ability of a citizen of the Russian Federation to have rights and responsibilities in the sphere of implementation executive power. It arises from the moment a citizen is born and ends with his death.

The scope and content of administrative legal capacity is established and changed with the help of administrative law. In basic terms, they are enshrined in the Constitution of the Russian Federation. In accordance with the Constitution of the Russian Federation, numerous federal acts, as well as acts of constituent entities of the Russian Federation regulating certain aspects of the administrative and legal status of citizens in general and in certain spheres of society. Thus, the rights and responsibilities of citizens in the field of defense of the Fatherland are detailed in the Federal Law of March 28, 1998 “On Military Duty and Military Service.”

The Constitution of the Russian Federation proclaims equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, affiliation public associations, as well as other circumstances; prohibits any form of restriction of citizens based on social, racial, national, linguistic or religious affiliation.

IN real life equality, even with its most careful enshrinement in the Constitution, cannot exclude a special administrative-legal status. Now it is available to immigrants, military personnel, civil servants, participants of the Great Patriotic War, disabled people, Heroes of the Russian Federation, etc.

Therefore, it is important to understand that the question lies not so much in the principle of equality itself, but in its ability to correct our reality, which cannot provide equality to everyone, everywhere.

The administrative legal capacity of citizens cannot be alienated or transferred. Its volume changes only by law. For individual citizens this legal capacity may be temporarily limited in cases and in the manner determined by law, for example, in connection with the commission of a criminal or administrative offense, for which the law provides sanctions in the form of imprisonment, deprivation of special rights and other legal restrictions. Yes, Art. 47 of the Criminal Code of the Russian Federation establishes as a punishment deprivation of the right to occupy certain positions or study certain activities.

Administrative law also establishes exceptional cases temporary deprivation or restriction of certain rights of individual citizens for violations. Yes, Art. 3.8 of the Code of the Russian Federation on Administrative Offenses provides for the possibility of depriving a citizen of the right of management specially granted to him vehicle, hunting rights; Art. 3.11 of the Code of Administrative Offenses of the Russian Federation establishes as a measure administrative punishment disqualification - deprivation individual right to occupy leadership positions V executive body management legal entity, implement entrepreneurial activity etc. Mode state of emergency assumes the possibility of introducing (in accordance with the Federal constitutional law dated May 30, 2001 “On the State of Emergency”) restrictions on the rights and freedoms of citizens, indicating the limits and duration of their validity.

The Constitution of the Russian Federation (Part 3 of Article 56) outlines the types of rights and freedoms that are not subject to limitation (the right to life, to inviolability privacy, freedom of conscience, etc.). The administrative legal capacity of citizens is characterized by an inextricable link of rights and obligations, expressing the combination of the interests of each citizen with the interests of other citizens. The rights of citizens are combined with their certain responsibilities to society as a whole.

The executive system remains the most important area implementation of the administrative legal capacity of citizens associated with certain rights of citizens to participate in public administration, that is, with the opportunity to join administrative legal relations. At the same time, the other party in such legal relations is an executive body (official) or an organization or its representative with administrative and legal powers.

The exercise of administrative legal capacity is influenced by a variety of factual circumstances, the presence of which gives rise to corresponding subjective rights and responsibilities. For example, the Federal Law of July 25, 2002 “On Alternative Civil Service in the Russian Federation” provides for the conditions under which a citizen acquires the right to such service. Such circumstances also influence the content of administrative legal capacity. For example, in accordance with the Federal Law of January 13, 1996 “On Education,” students of non-state universities may not have the right to a deferment from conscription into the army.

The administrative legal capacity of citizens serves as the basis for their administrative capacity, which is a necessary condition implementation of this legal capacity, as well as the subjective rights and obligations of citizens in specific administrative legal relations.

Administrative capacity of a citizen– the ability of a citizen of the Russian Federation to exercise his rights and fulfill his duties in the sphere of executive power through his personal actions; V in full occurs at age 18.

The moment of emergence of a citizen’s administrative capacity is not uniformly and clearly defined by law. It occurs in full, as a rule, when a citizen reaches 18 years of age. According to Art. 60 of the Constitution of the Russian Federation, a citizen can independently exercise his rights and obligations in full from the age of 18. However, the moment at which administrative capacity arises remains uncertain. IN various fields partial capacity may occur before age 18. For example, citizens who have reached the age of 14 are required to contact the internal affairs agency to obtain a passport; A citizen can enter into some public service relationships when he reaches partial employment legal capacity occurring before reaching the age of 18; subjects administrative offenses persons over 16 years of age are recognized; Certain disciplinary measures, up to and including expulsion from school, may be applied to students educational institutions, whose age is not specified or limited.

By general rule All citizens of the Russian Federation have equal administrative capacity. However, some of them, due to health reasons, may be recognized as partially or completely incompetent (mental illness, dementia). So, according to Art. 2.8 of the Code of the Russian Federation on Administrative Offenses, persons who, during the commission of unlawful act were in a state of insanity.

A citizen's ability to personally carry administrative responsibility for the administrative offense he committed is called administrative tortiousness(delict - misdemeanor, offense). Administrative tort capacity is an element of administrative capacity. Citizens of the Russian Federation begin to develop administrative tort liability, as already mentioned, at the age of 16 (Part 1 of Article 2.3 of the Code of Administrative Offenses of the Russian Federation).

Administrative legal relations with the participation of citizens differ in connection with:

a) the implementation by citizens of the rights that belong to them by law (the right to health care and medical care, right to housing, etc.);

b) fulfillment of the duties assigned to citizens (preserve nature, protect the Fatherland, etc.);

c) violation by executive authorities, local government and their officials rights and legitimate interests citizens (for example, attitude regarding a complaint);

d) violation by citizens of their administrative and legal duties (for example, liability for administrative offenses).

The entire system of administrative-legal relations, the subjects of which may be citizens, is determined by their administrative legal capacity. But they arise in the process of citizens exercising their subjective rights and legal responsibilities what is it in own initiative, and by unilateral expression of the will of an executive authority, local government or its official. At the same time, in the exercise of subjective rights, the initiative primarily belongs to citizens.

Citizen as a subject of administrative law, it is a participant public relations, acting as a carrier of those contained in regulations specific rights and the responsibilities with which he is endowed to realize his needs and participate in the management of the affairs of society and the state.

It must be taken into account that in administrative law a citizen as a subject of law is understood as a person who is not a member of stable, continuous organizational relations with those entities with whom he has entered or may enter into administrative and legal relations.

The administrative and legal status of citizens of the Republic of Belarus constitutes the most important and organic part of their general legal status established by the Constitution of the Republic of Belarus and other legislative acts of the Republic of Belarus. Thus, we can consider constitutional, administrative, civil, tax, labor, environmental and other aspects of the status of a citizen.

As for administrative-legal status citizens, then this is a set of rights and obligations of citizens, enshrined in the norms of administrative law, as well as guarantees for the implementation of rights and obligations.

The administrative and legal status of citizens is determined, first of all, by the volume and nature of their administrative legal personality, which is formed by administrative legal capacity and legal capacity.

Under administrative legal capacity of a citizen is understood as the actual opportunity recognized by law to be a subject of administrative law, to have rights and obligations of an administrative-legal nature. It arises from the moment a citizen is born and ends with his death.

The administrative legal capacity of citizens cannot be alienated or transferred. Its volume changes only by law. For individual citizens, this legal capacity may be temporarily limited in cases and in the manner determined by law (for example, in connection with the commission of a criminal or administrative offense, for which the law provides sanctions in the form of imprisonment, deprivation of special rights and other legal restrictions).

The Constitution of the Republic of Belarus defines the types of rights and freedoms that are not subject to limitation (the right to life, the right to privacy, freedom of conscience, etc.). The administrative legal capacity of citizens is characterized by an inextricable link of rights and obligations, expressing the combination of the interests of each citizen with the interests of other citizens. The rights of citizens are combined with their specific responsibilities to society as a whole.

In relation to government bodies, it is expressed in the competence belonging to them. The administrative legal capacity of governing bodies begins from the moment of their formation.

Administrative legal capacity of citizens serves as the basis for their administrative capacity, which is a necessary condition for the implementation of this legal capacity, as well as the subjective rights and obligations of citizens in specific administrative legal relations.

Administrative capacity of a citizen - This is the recognized ability for him to exercise, acquire rights and fulfill assigned duties of an administrative and legal nature through his personal actions. The moment of emergence of administrative capacity is not uniformly and clearly defined by law.

As a general rule, all citizens of the Republic of Belarus have equal administrative capacity. However, some of them may be recognized as partially or completely incompetent for health reasons (mental illness, dementia). Thus, according to the Code of the Republic of Belarus on Administrative Offenses, persons who committed them in a state of insanity are not subjects of administrative offenses.

On the basis of administrative legal capacity, capable citizens exercise subjective rights and responsibilities by entering into specific administrative-legal relations.

The legal capacity of a citizen arises from the moment of his birth, and legal capacity - with the achievement of a certain age(at the age of 14 he acquires partial legal capacity, and at the age of 18 - full legal capacity).

The administrative capacity of civil servants is the ability to exercise their managerial competence. It is determined by the nature of the activity and, as a rule, is fixed in job descriptions(for example, Instructions for organizing the service of a local police inspector).

The specific scope of administrative rights and obligations is determined by the Constitution of the Republic of Belarus, current legislation, as well as administrative legal acts. Administrative legal relations arise in the process of citizens exercising their subjective rights and legal obligations, both on their own initiative and as a unilateral expression of the will of an executive body or its official. At the same time, the initiative in the implementation of subjective rights belongs primarily to citizens.

Administrative legal capacity is the ability of an individual to be a bearer of subjective rights and responsibilities in the sphere of public administration.

It arises from the moment of birth and ends with the death of a person.

Administrative legal capacity is the ability recognized by the state by its own actions exercise rights and acquire new personal rights, perform duties in the field of public administration. It begins in full at the age of 18, and at in some cases- from 16 years old. The specific scope of rights and obligations depends on a number of factors: age, education, health, astatine. Some of them may cause complete or partial restrictions administrative legal capacity: mental illness, disability are deprived of the right to drive vehicles. Persons who have a criminal record or do not have special education, lose the opportunity to occupy a number of positions in state apparatus.

The central element of the administrative and legal status of a citizen ( individual subject) his rights and obligations.
Since the administrative-legal status is closely related to the constitutional status and is derived from the latter, we can distinguish common rights related to constitutional: the right to participate in governance state affairs", equal access to public service", to appeal to the court unlawful acts (actions) of state bodies (officials).
All these rights cannot be realized without the participation of state authorities and local self-government (bodies public authority). Other rights in the sphere of public administration develop (provide) constitutional rights. Thus, the constitutional right to health protection is specified in the following rights, which are part of the administrative and legal status of citizens, such as the right to health care and medical and social care, provision of medicines, provision of orthopedic and prosthetic care, compliance with information about the state of health.

Along with rights, citizens are also assigned a number of responsibilities. The main (general) responsibility of citizens is the obligation to comply with the Constitution of Ukraine and the laws of the state. Other responsibilities are derivative and relate to different areas life activities of people. Administrative legal norms establish various rules of conduct and the obligations of citizens to comply with them, for example, in the rules traffic and use public transport; ^ pass in established cases required medical checkup and treatment; ^ register the vehicle and obtain an occupation permit certain types activities.

It is necessary to distinguish between the general and special administrative and legal status of citizens. The first is possessed by all citizens, regardless of age, gender, health conditions, place of residence, etc. However, every person in his life may find himself in different situations, certain provisions, which gives rise to special rights and obligations. A person can act as a subject of so-called special administrative legal statuses. In the theory of administrative law, the following special administrative legal statuses are distinguished:

Members of administrative teams are personnel organizations in which the relations of its members with the administration are regulated by administrative law (internal affairs bodies, military units, paramilitary fire departments, student groups). In this regard, the following statuses are distinguished: students (students, graduate students, college students), militarized employees, persons whose freedom is limited in administrative procedure(minors are in special custody for offenses educational institutions; citizens who are in temporary accommodation centers for internally displaced persons);
- Objects of trusteeship: a) orphans, single mothers, the sick, the disabled, members of large families; b) the unemployed, Chernobyl victims, participants in combat operations in Afghanistan, refugees, those who suffered from fires, floods, earthquakes, natural disasters;
- Subjects of territories with special regimes a) persons living in the border area, b) residents of mountainous areas c) areas where a state of emergency has been declared;
- Subjects of the licensing system - persons who have registered weapons, engaged in certain types of activities, which is required special permission internal affairs, etc.
Another element of the administrative-legal status is administrative-legal guarantees of the rights and freedoms of citizens. These include organizational guarantees(the existence and activities of bodies that protect and defend the rights and freedoms of citizens) the right to complain (administrative and judicial). It is enshrined in the Law “On Citizens' Appeals”, as well as the Civil Procedure Code.
Subjects of administrative law also Foreign citizens and stateless persons, their administrative and legal status is determined by Art. 26 of the Constitution of Ukraine, and the Law of Ukraine "On legal status foreigners” dated March 5, 1994. In general, the scope of their administrative and legal status is somewhat narrower than that of Ukrainian citizens. Thus, they cannot be civil servants or hold positions in the state apparatus; do not bear military duty, do not have the right to create political parties. They are entrusted with additional responsibilities, not typical for citizens of Ukraine. They are required to register their passport, obtain a residence permit, notify internal affairs bodies about moving across the territory of the state, etc. They bear administrative responsibility on an equal basis with citizens of Ukraine.

The main emphasis in updating the content of the administrative and legal status of citizens must be placed on a real effective mechanism for ensuring the implementation of these rights, which are already enshrined in the Constitution and numerous laws. This mechanism should be the norms of administrative procedural legislation regulating the procedure for implementing various administrative procedures and procedural actions.

Civil service in Ukraine is the professional activity of persons holding positions in government agencies and their apparatus practical implementation tasks and functions of the state. These persons with government officials have the appropriate official powers, occupy certain positions and receive wages at the expense of public funds.

The administrative and legal status of citizens is determined primarily by the volume and nature of their administrative legal personality, which is formed by administrative legal capacity and capacity.

The administrative legal capacity of a citizen is understood as the ability recognized by law to be a subject of administrative law, to have rights and obligations of an administrative legal nature. It arises from the moment a citizen is born and ends with his death. The scope and content of this legal capacity is established and changed using the rules of administrative law. In basic terms they are enshrined in the Constitution of the Russian Federation. In accordance with the Constitution of the Russian Federation, numerous federal acts have been issued, as well as acts of constituent entities of the Russian Federation, regulating certain aspects of the administrative and legal status of citizens in general and in certain spheres of society. Thus, the rights and responsibilities of citizens in the field of Defense of the Fatherland are detailed in the Law of the Russian Federation of February 11, 1993. “On conscription and military service.”

The Constitution of the Russian Federation proclaims the equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Prohibits any form of restriction of citizens based on social, racial, national, linguistic or religious affiliation.

The principle of equality declared in the Constitution is “tied” to various kinds factors that can be grouped into the following groups. Firstly, factors of biological and physiological properties(race, nationality, language, gender); secondly, factors related to beliefs, worldview of a person and citizen (attitude to religion, beliefs); thirdly, factors relating to origin; fourthly, factors indicating social status person and citizen (property and official position, place of residence, membership in public associations).

Except for the last group, all other factors do not depend on the person and citizen, since they cannot change them. As applied to them, the principle of equality in the sphere of functioning of the executive branch is implemented generally quite consistently. Seizures, especially in Everyday life, occur only in relation to gender. Thus, while constituting the majority of the population, women are relatively underrepresented in government bodies.

The principle of equality is most distant from the factors of the fourth group (this is typical not only for Russia, but also for other countries). As applied to them, this principle is largely declarative. In it, as in the consolidation of many constitutional rights, an unattainable ideal is expressed, in the pursuit of which actual inequality in specific historical conditions can be mitigated. By recognizing this ideal, we thereby create the conceptual prerequisites for government activities correctly place emphasis on its priorities in favor of justice.

It is known that in Russian society Many categories of citizens have legalized differences in administrative and legal status. But the presence of citizens with a special, in particular administrative-legal status, denies the concept of equality of all in the context of administrative law. And in a broader sense - the idea of ​​equality of all before the law at a particular moment.

In real life, equality, even with the most careful enshrinement of it in the Constitution, cannot exclude a special administrative and legal status. Now it is available to immigrants, participants of the Great Patriotic War, disabled people, Heroes of the Russian Federation, etc.

Therefore, it is important to understand that the question lies not so much in the principle of equality itself, but in its ability to correct our reality, which cannot provide equality for everyone and everywhere.

In other words, the equality of administrative legal capacity of citizens of the Russian Federation as a general ability to have rights and bear responsibilities does not mean that in reality all citizens have the whole complex of specific subjective rights and responsibilities, provided by law. Everyone has the opportunity to occupy the position of minister, but only a few are actually ministers.

However, in similar cases This refers to the rights that are acquired as a result of the implementation of administrative legal capacity, which in itself does not undermine the principle of its equality for all citizens. This principle is preserved when the moment of emergence of the rights included in it is associated with the achievement of a certain age, or is limited established requirements to health status, level of education, etc., since all this does not relate to specific individuals, but has a general meaning.

The administrative legal capacity of citizens cannot be alienated or transferred. Its volume changes only by law. For individual citizens, this legal capacity may be temporarily limited in cases and in the manner determined by law, for example, in connection with the commission of a criminal or administrative offense, for which the law provides sanctions in the form of imprisonment, deprivation of special rights and other legal restrictions. Thus, the Criminal Code of the Russian Federation establishes as a punishment the possibility of deprivation of the right to occupy certain positions or engage in certain activities (Article 44).

Administrative law also establishes exceptional cases of temporary deprivation or restriction of certain rights of certain citizens for certain offenses. Thus, the Code of Administrative Offenses provides for the possibility of depriving a citizen of the specially granted right to drive a vehicle and the right to hunt. A state of emergency presupposes the possibility of introducing, in accordance with federal constitutional law, restrictions on the rights and freedoms of citizens, indicating the limits and duration of their validity.

The Constitution of the Russian Federation outlines the types of rights and freedoms that are not subject to restrictions (the right to life, to privacy, freedom of conscience, etc.). The administrative legal capacity of citizens is characterized by an inextricable link of rights and obligations, expressing the combination of the interests of each citizen with the interests of other citizens. The rights of citizens are combined with their specific responsibilities to society as a whole Korenev A.P. Administrative law of Russia. Textbook. In 3 parts. Part I., - M.: MJI of the Ministry of Internal Affairs of Russia. Publishing house "Shield-M", 1999. P.280..

The main feature of administrative legal capacity is that its implementation involves various conditions and the nature of interaction with the executive branch system. If formerly feature administrative legal capacity in limiting it to the framework of public administration, then now this interaction should be built on other conceptual approaches. Administrative legal capacity can be implemented in the area of ​​interaction:

• a) with state system management;
• b) with the local government system;
• c) with state enterprises, institutions and organizations;
• d) with non-state enterprises, institutions, organizations and their representatives, however, quite limited cases. For example, when participating in the implementation of public control.

The executive power system remains the most important area for the implementation of the administrative legal capacity of citizens, associated with certain rights of citizens to participate in public administration, that is, with the ability to enter into administrative legal relations. At the same time, the other party in such legal relations is an executive body (official) or an organization or its representative with administrative and legal powers.

The exercise of administrative legal capacity is influenced by a variety of factual circumstances, the presence of which gives rise to corresponding subjective rights and obligations among citizens. For example, the law provides for conditions under which a citizen acquires the right to an alternative military service. Such circumstances also influence the content of administrative legal capacity. For example, students at non-state universities may not be eligible for a deferment from military conscription.

The connection between the implementation of administrative legal capacity and certain real circumstances is due to the need to ensure public safety, health protection, the most correct use abilities and activity of citizens in social activities.

The administrative capacity of a citizen is the ability recognized for him by his personal actions: a) to acquire rights and obligations of an administrative-legal nature; b) implement them. Such legal capacity also includes the ability of a citizen to personally bear responsibility for committed offenses in accordance with current legal acts. The moment of emergence of a citizen’s administrative capacity is not uniformly and clearly defined by law. It occurs in full, as a rule, when a citizen reaches 18 years of age. According to the Constitution of the Russian Federation, a citizen can independently exercise his rights and obligations in full from the age of 18. However, the moment at which administrative capacity arises remains uncertain. In various areas, partial legal capacity may arise before reaching the age of 18. Thus, a citizen can enter into some public service relationships when he reaches partial legal capacity for work, which occurs before reaching the age of 18; persons over 16 years of age are recognized as subjects of administrative offenses; certain disciplinary measures, up to and including expulsion from school, may be applied to students in educational institutions whose age is not specified or limited.

Not all citizens of the Russian Federation have the same administrative capacity. This is largely determined by the features managerial relations, in which the acquisition and exercise of relevant rights and obligations by one’s personal actions presupposes the presence of a certain level of mental and mental development, life experience, the ability to be aware of the consequences of one’s actions, etc.

In administrative law there are no legal norms that would determine the possibility and grounds for limiting the legal capacity of citizens, as well as by what body and in what form it could be decided this question. There is no doubt, however, that general grounds restrictions on the legal capacity of citizens also serve to limit their administrative capacity. Thus, some citizens may be recognized as partially or completely incompetent for health reasons (mental illness, dementia).

The possibility of declaring a citizen temporarily incompetent is provided for by the Law of the Russian Federation “On psychiatric care and guarantees of citizens’ rights during its provision.” According to the Law, a citizen may be temporarily, for a period of no more than five years and with the right of subsequent re-examination, declared unfit due to mental disorder to implementation individual species professional activity and work related to the source increased danger. This decision is made medical commission authorized by the health authority, based on an assessment of the condition mental health citizen in accordance with the list of medical psychiatric indications. Such a decision can be appealed to the court.

Law of the Russian Federation “On the Fundamentals civil service in the Russian Federation", defining the requirements for citizens applying for replacement government positions, establishes that candidates for relevant positions must satisfy a certain health condition.

Based on administrative legal capacity capable citizens exercise subjective rights and obligations by entering into specific administrative and legal relations. In such relations, citizens can act as a party obligated to comply with the administrative legal norms addressed to them and the requirements based on them emanating from executive authorities, local government and their officials (for example, the obligation to comply with traffic rules); a party entering into legal relations related to the sale of its property legal rights(for example, with an application for a pension) or their protection (filing a complaint).

Administrative legal relations that arise in connection with:

• a) the exercise by citizens of the rights that belong to them by law (the right to health care and medical care, the right to housing, etc.);
• b) fulfillment of the duties assigned to citizens (preserve nature, protect the Fatherland, etc.);
• c) violation by government bodies, local self-government and their officials of the rights and legitimate interests of citizens (for example, attitude regarding a complaint);
• d) violation by citizens of their administrative and legal duties (for example, liability for administrative offenses).

The entire system of administrative-legal relations, the subjects of which may be citizens, is determined by administrative legal capacity. But they arise in the process of citizens exercising their subjective rights and legal obligations, both on their own initiative and as a unilateral expression of the will of a government body, local government or its official. At the same time, in the exercise of subjective rights, the initiative primarily belongs to citizens.

In cases established by law, subjective rights and obligations can be acquired by citizens through their legal representatives(parents, guardians, especially authorized representatives). But there are also rights and obligations that can only be acquired and exercised by citizens personally (the right to participate in public administration, military duty etc.), i.e. without the participation of third parties.

In general, the issue of implementing the rights and obligations of citizens enshrined in administrative law through representatives has not received proper resolution in Russian legislation. In any case, this concept is not identical to representation by civil law Alekhin A.P. Administrative law of the Russian Federation. - M., 1997. P.92-96..

Administrative capacity is the ability to have rights

and responsibilities established by administrative law.

Partially it arises from the moment of birth (the right to placement in

waiting list for living space, for a name, for medical care,

for free provision of medicines). Being equal in principle,

The administrative legal capacity of citizens is not the same. It depends

on age, gender, health status, education, place

residence, nationality and other demographic factors. IN

As an example, we can name military duty, the ability

to become a carrier of which depends on gender, age, condition

health, citizenship and a number of other factors. About the influence on

administrative legal capacity even of such a sign as

the nationality of a person is evidenced by the norms of the Federal Law "On

guarantees of the rights of small peoples in the Russian Federation",

adopted in April 1999. In particular, it enshrines the right of persons

belonging to small peoples, to replace military service

alternative civil service. Affects legal capacity

also facial growth. Persons whose height is less than 150 cm are not conscripted

military service, they are not granted management rights

buses, etc.

Now, when the subjects of the Federation, in accordance with Art. 72

The Constitutions of Russia actively implement administrative

lawmaking, administrative legal capacity of residents of different

regions have certain differences.

pensions of 100% minimum pension in old age to Lilliputians,

receiving a pension (regardless of its type) from social services

protection of the population.

Thus, the main features of administrative

legal capacity is as follows: it is regulated by the rules

administrative law, its content is the regulation

legal abilities of individuals in relations with subjects

state executive power, for specific individuals it

occurs from the moment of birth, for different persons it is not the same

Administrative capacity

Administrative capacity- this is the ability to face one's own

actions to exercise rights, fulfill duties,

provided for by administrative legal norms, and bear

responsibility in accordance with these standards.

The administrative capacity of Russian citizens arises

later legal capacity, the age of its onset by law is not

installed. I would like to note that earlier than any other,

It is the administrative capacity of a citizen that arises. Her

partial appearance and subsequent increase is associated with physical and

intellectual maturation of the face. Even preschoolers can

consult a doctor independently, exercise the right to complain, with

At the age of six, the child himself exercises the right to education. Commission on

cases of minors has the right to send a person to whom

turned 11 years old special school. From the age of 16 comes

administrative tortiousness- ability to carry

administrative responsibility for their actions.

During last decade administrative

the legal personality of individual subjects is continuously expanding.

The role of laws in its regulation is increasing. In recent years

Federal laws grant citizens the right to arms,

free choice of place of residence, departure from Russia, establishment

media, etc. The rights to

judicial protection, for association, for freedom of conscience.

According to Part 3 of Art. 55 of the Constitution “human rights and freedoms and

citizens can be limited by federal law only to the extent

to the extent necessary in order to protect the foundations of the constitutional

system, morality, health, rights and legitimate interests of others

persons, national defense and state security."

Federal laws provide for four groups

circumstances in the presence of which the legal status, first of all,

administrative and legal status of an individual subject, may

be limited:

Extraordinary circumstances (mass riots, natural disasters)

disasters, etc.);

If this is incompatible with his social benefit

activities (prohibition of joint service of relatives,

combining public service with business

activities, etc.);

If without this it is impossible to ensure state

security (secrecy regime, border regime, etc.);

Committing illegal actions (deprivation of offenders

driver's license, restrictions on their purchase of weapons, etc.).

In the first three cases, restrictions are directly

are installed regulations and concern the uncertain

numbers of citizens are group. And the restrictions are administrative

legal status in connection with uneven actions are

individual character, personified, are measures

coercion, their content is determined by law enforcement.

There are often cases when the restriction of the rights of the offender is not

is a measure of coercion, but represents unfavorable

consequences of the offense. Thus, the offender may be

refused to issue a weapons license or a foreign passport.