Balabiev Kairat Rakhimovich KazGYuU competitor.

Administrative - legal relations in the executive branch.

Every branch of law regulates certain relationship, ie relations regulated by law. In particular, the civil law peculiar to regulate civil matters (property and associated moral rights), the criminal law - to regulate the relations connected with crime and punishment. What relationship governed by administrative law? First of all, we should point out that the administrative law - is an independent branch of the legal system of Kazakhstan. [1] branch of the law differ from each other on the subject and method of legal regulation. That is the subject of administrative law consists of those relationships, which will be discussed further.

Administrative and legal relations - is regulated by rules of administrative law, public relations in the sphere of executive power.

Administrative and legal relations represent a kind of legal relationships, diverse in nature, legal content, according to the participants. They are typical of all the basic features of any legal relationship, such as: the primacy of law, so that relationship is the result of the regulatory impact on this public attitude of the legal norms, thus giving a legal form, regulation of the legal norm of action (behavior)

aspects of this relationship; correspondence mutual obligations and the right of the parties relationship, defined by the norm, etc.

However, it should allocate some of the features of supplementing the general characteristics and are able to serve as the basis for the delimitation of the administrative-legal relations from other relations. These features include:

- Rights and obligations of parties to these relations are connected with the activities of executive bodies of state and other entities of the executive power;

- Always one of the parties in such relationships stands the subject of administrative power (authority, official, non-governmental organization endowed with state-of authority);

- Administrative relationship almost always occur at the initiative of one of the parties;

- If the violation took place legal and administrative rules, the offender is liable to the state;

- Settlement of disputes between the parties, usually implemented administratively.

- The administrative relationship of power relations are built on the basis of "authority-submission" where there is no equality between the parties A test of command is a relationship of dominance, because it is predetermined and overriding priorities of state-management [2].

In summary, the above can give an appropriate concept of administrative relationship, how to resolve the administrative law managerial social relation in which the parties act as carriers of reciprocal rights and duties established and guaranteed by the administrative law.

Administrative and legal relations are directly related to the practical realization of tasks, functions and powers of the executive power in the process of state-management activities. This feature of a certain effect on the behavior of any members of such legal relations, their responsibilities and rights necessarily involve the practical implementation of executive power in the center of the field.Interests of another kind, caring for the state and society, provided, if they have a distinct specificity in the other legal. Therefore, a defining feature of the administrative-legal relations is that they consist mainly in a special area of public life - in public administration.

It is worth noting also that the administrative relationship characterized by a certain subject. Always one of the parties is the official or the authorized agent of the executive power (in the broad sense of government).

In other words, despite the fact that the administrative-legal relations practice may involve various parties, they always have indispensable party, without which this kind of relationship does not arise. Such a feature is observed in the administrative relations as a direct effect of the nature of the power of state-management.For example, a citizen can not act in a similar role, although a potential participant in a variety of administrative and legal relations.

Administrative relationship arise at the initiative of either party. However, consent or desire of the second party is not in all cases, the necessary condition for their occurrence. They can also occur against the wishes of the other party or her consent. This characteristic most distinguishes them from civil law relations.

As mentioned above, the administrative and legal relations arising in the field of public administration. However, not every social relationship in the field of public administration is included in the range of relations which are the subject of administrative law [3].

All legal consist of certain elements: subject, object and content of the relationship.

The content of the administrative relationship there are two sides: the material (the behavior of subjects) and legal (subjective legal rights and responsibilities).

The immediate object of administrative relationships is a voluntary behavior of man and his deeds.

Administrative law accurately determined between what subjects should arise relationship, what are the rights and obligations of the parties. Thus, the relations of citizens associated with the call for military service, obtaining the rights to drive vehicles, occur when pre-defined circumstances, with certain organs of executive power, and the rights and obligations of the parties are well established legal norms. At certain periods, the specific form certain recipients, organizations, for example, must send statistics, reports, inquiries.

Existing administrative and legal relations rights and interests can be protected by the courts, but such cases are not dominant. Basically the same rights of participants in such relationships, disputes between them resolved in an administrative procedure: the subject of management, which was (is) a party to an administrative relationship, the parent or other executive authority. The subjects of the executive, empowered - to solve, while others have a right relationship appeal against such decisions.

Moreover, the subjects of executive power in many cases, are entitled to apply a variety of interventions to other subjects of legal relations.

In particular, they may demand an explanation, give instructions to deny the request, do not assign a rank to use the funds in administrative, disciplinary enforcement.

It should also be emphasized that for civil legal relations is characterized by the responsibility of one party over another. Administrative law established a procedure for accountability of the parties' legal and administrative relations in case of violation of the requirements of administrative law. In this case, the responsibility of one side to the other party is not legal, but directly to the state through its appropriate body (official,It is the executive bodies (officials) empowered the independent action on violators of requirements of the administrative law (disciplinary, administrative responsibility). .Subject of the administrative relationship can be considered on the basis of qualifications on the types of administrative relationships. Depending on the characteristics of members of administrative relations are allocated the most typical of their species:

а) between subjects  executive at different institutional level (for example, higher and lower organs);

b) between the subjects of executive power, at a similar institutional level (eg, 2 of the Ministry, the administration of 2 areas);

c) between the subjects of executive power and are within their institutional subordination (reference) state associations (corporations, corporations, etc.), enterprises and institutions;

d) between the subjects of executive power and are not in their organizational subordination of public associations, enterprises and institutions (on financial control, administrative supervision, etc.);

d) between the subjects of executive power and executive bodies of local self-government;

e) between the subjects of the executive branch and not the state economic and socio-cultural associations and enterprises and institutions (businesses, etc.);

g) between the subjects of executive power and public associations;

r) between the subjects of the executive branch and citizens.

In all the above relations are always involved one or other executive body.

. For any relationship is characterized by the appearance of it due to certain legal facts, based on the fact that under the legal facts are understood actions or events which occur as a result of the emergence, modification or termination of legal relations.

Administrative and legal relations arise if the conditions stipulated by administrative regulations.

Actions are the result of active expression of the subject. By the nature of different lawful and unlawful actions.

Lawful actions always correspond to the requirements of administrative law. As the legal facts are the lawful actions of citizens and other entities of administrative-legal relations, For example, filing a citizen complaint gives rise to specific administrative relationship between him and the executive body (official), to whom the complaint is addressed.

A special feature of the legal facts in administrative law is that the main type of lawful acts are acts of the subjects of executive power, having an individual, ie relating to a particular destination and the cause, nature. direct their legal consequences - the emergence, change or termination of the administrative-legal relations. For example, the order of appointment entails the emergence of public-service relationship is a kind of administrative law. [4]

Under the wrongful acts are those that do not meet the requirements of administrative law, violate them. These include administrative or disciplinary reasons, as the most characteristic areas of public administration. They involve the jurisdictional relationship. These are also omissions (for example, failure to service the Interior necessary measures to ensure public order).

Under the events are understood phenomenon, not dependent on the will of man (death, disaster).

Administrative and legal relations are classified according to various criteria.

Initially, two distinct groups of administrative relations:

А)relationship, directly expressing the basic formula of the control action (subject-object), which is clearly manifested overbearing nature of state-management activities, they can be described as power relations, sometimes referred to as the core;

b) relationship, folding outside the direct control action on a particular object, but organically related to its implementation; characterized as not fundamental relationship;

The first of these express the essence of management, the latter associated with this entity, but it is not directly express. The former include the relationship between superiors and subordinates links in the executive branch, between officials, managers and their subordinate employees in the service of administrative and managerial staff, between the executive bodies (officials) and citizen, with a ton of legal and administrative duties, etc. .

The second group is characterized by the fact that such a relationship even though there directly in the field of public administration, but do not seek to directly control the impact of the subject to a managed object. For example, the relationship between the two parties operating in the field of public administration, but not related to one another hierarchy. Thus the two ministries may enter into a relationship, the necessity of producing a joint legal act or agreement of mutual governance issues, etc.

Sometimes distinguished subordinate and coordinating administrative and legal relations. Subordinate call those relationships that are built on authoritarianism (potency) of legal expressions of the will of the subject of management. Coordination bonds are called, in which authoritarianism is not named.

Coordination is a list of the main manifestations of state-management, that is, in fact coincides with its legally powerful manifestations. The most significant interest is the classification of administrative-legal relations on the legal nature of the interaction of their participants. Thus, stand vertical and horizontal relationship.

Vertical recognized relationship, which expresses the essence of the administrative regulation and typical for the state and management of subordinate relationship between subject and object management. They often occur between sibling parties. Power advocates an appropriate subject of executive power (the executive body, public authority).

Horizontal administrative and legal relationship recognized by those in which the parties actually and legally equal. In them there is no legally-power dictates the one hand, binding the other. Such a relationship in public administration are fairly rare, compared with the vertical. Variants of such relations can be of several bodies on the preparation and publication of joint decisions, agreements (administrative contracts) between them on organizational matters.

By composition of members of a fall into in-group and out-group. In in-group respects the relevant legal norms perpetuate a system of executive bodies, organization of services in them, the authorities and employees, their relationships, forms and methods in-group work in public bodies. Such managerial attitudes represent the interests of the whole system of self-organization of executive power from top to bottom, and each of its managers. Parties in their favor subordinate executive bodies and their structural units, as well as officials. Or consider the relationship of executive power with their subordinate organizations, as well as the administration's attitude of organizations whose activities are governed by administrative law (military units, universities, etc.) with their employees, students, etc, In the second case are the relations connected with the direct action on objects which are not included in the system (mechanism) executive power (for example, of citizens, public associations, commercial entities, including private). In principle, this relationship and the management of public enterprises and institutions, as they are not subject to the executive. The other side of this relationship actually serves as a "third person".

In summary you can get a generalized description of the subject of administrative law, ie  the social relations that are regulated by rules of administrative law. These are management relations as:

a) administrative relations, in which immediately realized the objectives, functions and powers of the executive;

b) the nature of intra-managerial relations arising in the course of the subjects of legislative (representative) and the judiciary and prosecutors;

a) management relations arising from the participation of local government entities;

d) Separate management of institutional relationships that arise in the "inner" life of public associations and other non-state groups, as well as in connection with the implementation of public associations externally-governmental functions and powers.

Control exists in all spheres of public life, this activity is high volume and diverse in content. In many cases, management activity is so specific, so closely associated with a particular type of controlled activities that its rules do not govern the administrative and other branches of law. Thus, management activities of the management of enterprises, institutions in respect of their employees governs labor law, inquiries and preliminary investigation - criminal procedure law, administrative relations associated with the financial - financial law. It is therefore necessary to define the subject of administrative law to clarify that: it handles all administrative relations, except those that are regulated by other branches of law of the Republic of Kazakhstan.

References

1. The Constitution of the Republic of Kazakhstan .

 2. Administrative Law of the Russian Federation. Acad. AP Alekhin, AA Karmolitsky, M. Kozlov.. Moscow, "Parable of TEIS, 1996., page 640.

3. Administrative Law. Tutorial. Bakhrakh DN, ed. BEK, Moscow, 1996., P. 355. 355.

4. The general theory of law. Т1, Alekseev, SS, Moscow, 1981 P.245.











References:

1. The Constitution of the Russian Federation, Moscow, Izd. Novaya Volna, 1996, page 62.

2. Administrative Law of the Russian Federation. Acad. AP Alekhin, AA Karmolitsky, M. Kozlov, Moscow, "Parable of TEIS, 1996., p.640.

3. Administrative Law. Tutorial. Bakhrakh DN, ed. BEK, Moscow, 1996., P. 355.

4. The general theory of law. T1, Alekseev, SS, Moscow, 1981, p.245.