Administrative jurisdiction. Concept and main features of administrative jurisdiction Forms of administrative jurisdiction

ADMINISTRATIVE JURISDICTION, the totality of procedural powers of state bodies (their officials) and judges to review:

1) administrative disputes between the public administration body (executive authorities and local governments), their officials, on the one hand, and citizens (individuals) or organizations (legal entities) on the other;

2) cases of administrative offenses.

Administrative disputes (conflicts) in the field of activity of public administration bodies are associated with the implementation by these bodies of actions (administrative procedures) to realize the rights of citizens and organizations in the field of public administration (state registration, licensing, certification of products, goods, services, enrollment in state and municipal educational institutions institutions, the appointment of state pensions and social benefits, the provision of municipal housing, the provision of medical care, the issuance of building permits, the organization of conscription for military service, the implementation of sanitary, fire and other types of supervision and control, etc.).

In the Russian Federation, disputes arising in the course of this activity are resolved by the heads of executive authorities in the order of subordination (consider complaints of citizens against the actions of organizations and officials subordinate to them), by courts of general jurisdiction (consider complaints of citizens about violations of their rights and freedoms by actions and decisions of public authorities and local government bodies), arbitration courts (consider, in the manner of administrative proceedings, economic disputes arising from administrative and other public legal relations and other cases related to the implementation of entrepreneurial and other economic activities by organizations and citizens).

The administrative and jurisdictional powers of state bodies are determined by the Decree of the Presidium of the USSR Supreme Court “On the procedure for considering proposals, applications and complaints of citizens” (as amended in 1988), which is still in force, and by the Law of the Russian Federation “On appealing to court actions and decisions that violate the rights and freedom of citizens" (1993), as well as federal and regional legislative acts. The procedure for considering administrative legal disputes by courts of general jurisdiction is determined by the norms of the Civil Procedural Code of the Russian Federation (2002), and by arbitration courts - by the norms of the Arbitration Procedural Code of the Russian Federation (2002).

Proceedings in cases of administrative offenses are carried out by specially authorized bodies and officials according to the rules established by the Code of the Russian Federation on Administrative Offenses (2002).

The judicial procedure for considering administrative disputes and cases of administrative offenses is called administrative proceedings. In the Russian Federation, administrative proceedings are an independent procedural form of exercising judicial power (Constitution of the Russian Federation, Article 118).

In foreign countries, there is a huge variety of organizational forms for the exercise of their powers by administrative-jurisdictional bodies, since the system of control over the legality of management activities is determined by legal traditions and the specifics of the state mechanism of a particular state. Conventionally, there are three types of building a system of bodies endowed with administrative-jurisdictional powers: German - only specialized judicial bodies (administrative courts) have such powers; Anglo-American - all disputes in the field of management are subject to the jurisdiction of “common law courts”; French - administrative courts have jurisdiction over all disputes in the field of management, with the exception of those assigned to the jurisdiction of courts of general jurisdiction (dual system).

In all countries, in parallel with applying for consideration of a management dispute in a court of general jurisdiction or an administrative court, there is the right to appeal to quasi-judicial bodies, which are created under the management bodies to consider certain types of disputes within a particular department. Decisions of quasi-judicial bodies are not final and can be reviewed by a court of general jurisdiction or an administrative court.

The procedure for considering administrative disputes in European countries is regulated by administrative procedural legislation (codes in France, Spain, Estonia; in Germany - the Federal Law on Administrative Procedure). In countries where the consideration of administrative disputes falls within the competence of courts of general jurisdiction (Russia, Great Britain, USA), the procedural form is the general rules for the administration of justice in these courts, with some exceptions due to the peculiarities of administrative cases.

Lit.: Khamaneva N. Yu. Protection of the rights of citizens in the sphere of executive power. M., 1997; Yakimov A.Yu. Status of the subject of administrative jurisdiction and problems of its implementation. M., 1999; Zelentsov A. B. Conflicts in management and conflict management. M., 2001; Luparev E. B. General theory of administrative-legal dispute. Voronezh, 2003.

The concept of administrative jurisdiction

Administrative jurisdiction, in essence, is the jurisdiction for the consideration of cases of administrative offenses, which is enshrined in the third section of the Code of Administrative Offenses of the Russian Federation, as well as the consideration and settlement of management disputes, in necessary situations, the restoration of violated rights and the application of sanctions to those responsible by authorized bodies, officials, in the order and on the basis that are determined:

• laws of the constituent entities of the Russian Federation;
• federal regulations.

Main features of administrative jurisdiction

Administrative jurisdiction at its core contains the consideration and settlement of cases of administrative offenses and individual cases of administrative legal disputes in the manner and scope that are determined by administrative procedures and administrative procedural norms.

The parties to administrative legal disputes may be executive authorities, for example, disputes between various constituent entities of the Russian Federation or disputes between a constituent entity of the Russian Federation and the Federal executive authority. When resolving such disputes, the President of the Russian Federation may apply conciliation procedures.

The basis of administrative legal disputes traditionally lies in the legal settlement by an official, an authorized body of individual disputes, which by their nature are of a subjective nature, that is, those when one party makes attempts to restore or protect their subjective or so-called imaginary right, or possibly infringed interest.

The procedure and rules for the consideration and settlement of procedural, administrative-legal, (in general, management) cases and disputes about administrative offenses are regulated by administrative procedural legal norms.

The norms of administrative law not only regulate managerial relations - in the process of state power activities, they form the basis for special administrative-legal relations.

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

Administrative jurisdiction has its own specific characteristics according to the authorized entities that exercise it.

Note 1

Administrative jurisdiction, in addition, implements a wide range of law enforcement functions in various legal fields (housing, financial, water, land, labor, etc.).

Types of bodies whose jurisdiction includes the consideration of administrative cases

The Code of Administrative Offenses has identified three main types of bodies and officials who are authorized to consider cases of this category. These include:

• judges, magistrates;
• collegial legal bodies under city, district, city district executive bodies, which include commissions on juvenile affairs and protection of the rights of this group of the population;
• federal executive authorities, their structural divisions, institutions and territorial bodies, as well as other state bodies in accordance with their tasks, powers and functions assigned to them by federal legislation or regulations of the Government or the President of the Russian Federation.

Note 2

Administrative justice bodies are officials and bodies that are authorized to consider cases of administrative offenses (citizen complaints).

The system of administrative justice bodies is organized according to the territorial-sectoral principle.

According to the Code of Administrative Offenses of the Russian Federation, cases of administrative offenses provided for by the Code of Administrative Offenses of the Russian Federation are considered:

1. Judges;
2. Commission on Minors' Affairs;
3. Federal executive authorities and their structural divisions (police);
4. Institutions and the local executive system;
5. Bodies exercising federal supervision and state supervision over the circulation of precious stones;
6. Executive authorities of the constituent entities of the Russian Federation in the event of transfer of relevant powers to them.

Features of administrative jurisdiction

Administrative jurisdiction is a specific branch that deals with the resolution of conflicts or disputes of an administrative and legal nature.

Its peculiarity can be considered the fact that such jurisdiction must be assessed from the legal side of the dispute between the parties. This will be the main criterion ensuring a legal and fair resolution of the dispute. Another feature is the need to use disciplinary or administrative measures against the guilty party.

Based on the result of consideration of all the features of administrative jurisdiction, it is impossible not to note the following fact that such jurisdiction is formed out of court and requires the settlement of disputes in the manner prescribed by law.

Functions of administrative jurisdiction

The protective function lies in its belonging to law enforcement activities. Jurisdiction by its very purpose is called upon to carry out this function.

Regulatory function - jurisdiction in the form of law enforcement activities takes part in individual legal settlement. It performs the functionality of a regulator by translating regulatory requirements into real subjective actions, into legal relations.

Educational function - the whole process is aimed at instilling respect for current legislation. Based on this, a clear and correct culture and organization of administrative proceedings is important.

ADMINISTRATIVE JURISDICTION

the set of powers of courts, government bodies and officials established by legislative acts to resolve individual administrative cases and apply legal sanctions in an administrative manner. Specific executive and administrative activities on the application of regulatory requirements established by the state to specific cases of resolving conflicting legal situations when a dispute arises about the right or violation of established rules. This is one of the forms of law enforcement activities of courts and government bodies, carried out on the basis and in pursuance of legislative requirements. A.J., like civil and criminal proceedings, does not form legal norms, but applies them in specific situations.

A.Yu.

differs from other types of work of courts, government bodies and officials and is regulated by relevant legislation, for example the Code of Administrative Offenses. Resolution of specific administrative cases

and the application of administrative measures is carried out publicly, in compliance with the guarantees provided by law.

A.Yu. in the Russian Federation are carried out by courts, sectoral and intersectoral governing bodies, administrative commissions under district and city administrations, the activities of which are regulated by legal acts of the constituent entities of the Russian Federation. The creation and activities of rural and township administrative commissions, and in some constituent entities of the Russian Federation - district and city commissions, are determined by the charters of municipalities (Federal Law of the Russian Federation of August 28, 1995 No. 154-FZ "On the general principles of the organization of local self-government in the Russian Federation") .

Broad powers in the field of A.J. have: commissions for minors, created under district, city administrations or under the relevant local government bodies; internal affairs bodies (police); state inspection bodies and other bodies and officials..

A.Yu. carried out according to the rules of the administrative process (compliance with the sequence of stages). The law establishes: the jurisdiction of administrative cases, the competence of administrative jurisdiction bodies, the terms of consideration, the procedure for appealing decisions. The possibilities for judicial appeal of decisions taken in the manner of administrative jurisdiction have been expanded (Law of the Russian Federation of April 27, 1993 No. 4866-1 “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens”).

Kolodkin L.M.. 2005 .

Encyclopedia of Lawyer

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ADMINISTRATIVE JURISDICTION- – 1) the range of cases subject to the management of administrative institutions, in contrast to cases within the competence of state bodies. authorities, courts and prosecutors. 2) Resolution of disputes about law in the field of state. management in bourgeois states (see... ... Soviet legal dictionary

Books

• Criminology and administrative jurisdiction of the police 2nd edition, Antonyan Yu., Problems of a criminological and administrative-legal nature that relate to the prevention of crimes and administrative offenses are considered. The need is emphasized...
• Administrative jurisdiction. Textbook for bachelor's, specialist and master's degrees, Agapov A.B. , The textbook examines the main types of jurisdictional activities, including those arising from the consideration of citizens’ appeals and administrative procedures of jurisdictional proceedings.… Series: Bachelor. Specialist. master Publisher: YURAYT, Manufacturer:

What is "administrative jurisdiction"? How to spell this word correctly. Concept and interpretation.

administrative jurisdiction the set of powers of courts, government bodies and officials established by legislative acts to resolve individual administrative cases and apply legal sanctions in an administrative manner. Specific executive and administrative activities on the application of regulatory requirements established by the state to specific cases of resolving conflicting legal situations when a dispute arises about the right or violation of established rules. This is one of the forms of law enforcement activities of courts and government bodies, carried out on the basis and in pursuance of legislative requirements. A.J., like civil and criminal proceedings, does not form legal norms, but applies them in specific situations.

A.Yu. differs from other types of work of courts, government bodies and officials and is regulated by relevant legislation, for example the Code of Administrative Offenses. The resolution of specific administrative cases and the application of administrative measures are carried out publicly, in compliance with the guarantees provided by law.- the activities of government bodies and their duties established by legal norms... Great Soviet Encyclopedia

A.Yu. differs from other types of work of courts, government bodies and officials and is regulated by relevant legislation, for example the Code of Administrative Offenses. The resolution of specific administrative cases and the application of administrative measures are carried out publicly, in compliance with the guarantees provided by law.- ADMINISTRATIVE JURISDICTION - the activities of government bodies and their officials... Large encyclopedic dictionary

A.Yu. differs from other types of work of courts, government bodies and officials and is regulated by relevant legislation, for example the Code of Administrative Offenses. The resolution of specific administrative cases and the application of administrative measures are carried out publicly, in compliance with the guarantees provided by law.- - 1) the range of affairs subject to the management of administrative institutions, in contrast to the department, within the competence ...

1) the range of cases subject to the management of administrative institutions, in contrast to cases within the competence of state bodies. authorities, courts and prosecutors.

2) Resolution of disputes about law in the field of state. management in bourgeois states (see Administrative justice).

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ADMINISTRATIVE JURISDICTION

1) the activities of an authorized government body, an official, regulated by law in resolving individual administrative cases (disputes) related to the administrative-legal relations of a citizen or non-governmental organization with a government body (its official) in the exercise of public (usually executive) functions by this body authorities. A.Yu. in the Russian Federation, they are carried out by the heads of executive authorities and their independent structural divisions, considering complaints from citizens about the actions of organizations and officials subordinate to them; courts of general jurisdiction, considering complaints from citizens about violations of their rights and freedoms by actions and decisions of state authorities and local governments; arbitration courts, considering complaints from citizen-entrepreneurs and organizations regarding unlawful non-normative acts of executive authorities. The jurisdictional powers of the relevant bodies are established by federal laws, as well as the laws of the constituent entities of the Federation. The rules and procedure for considering administrative legal disputes by courts of general jurisdiction are determined by the norms of the Civil Procedure Code of the RSFSR, the norms of the Law of the Russian Federation 1993 “On appealing to the court actions and decisions that violate the rights and freedoms of citizens.” The rules for consideration by arbitration courts of disputes arising from administrative-legal relations are regulated by the Arbitration Procedure Code of the Russian Federation. 2) The activities of the authorized body, official regulated by law for the consideration of cases of administrative offenses and the application of administrative liability measures. In the Russian Federation A.Yu. carried out by bodies and officials specially authorized by federal law: courts (judges) of general jurisdiction, administrative commissions, commissions for the affairs of minors and the protection of their rights, bodies (officials) of internal affairs, transport, state labor inspection, bodies of Gosgortekhnadzor, Gostekhnadzor, Gosatomnadzor, bodies and institutions of sanitary supervision, environmental protection, forestry, state tax authorities, customs authorities, etc. The Code of Administrative Offenses of the RSFSR determines the jurisdiction of cases to the bodies of A.Yu., rules and deadlines for initiating cases of administrative offenses, their consideration, guarantees the rights of citizens held accountable, the procedure for appealing decisions adopted by the bodies of A.U. N.G. Salishcheva