B.C. Chetverikov

1. The concept and main features of administrative jurisdiction

Administrative jurisdiction is understood as the activity 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, restoration of violated rights and application in administrative procedural order legal sanctions against the guilty.

Administrative jurisdiction is, in essence, the jurisdiction of the consideration of cases of administrative offenses enshrined in the 3rd section of the Code of Administrative Offenses of the Russian Federation, as well as the consideration and resolution of administrative disputes, if necessary, the restoration of the violated right and the application of legal sanctions to the guilty by authorized bodies, officials , on the basis and in the manner determined by federal regulations and laws of the constituent entities of the Russian Federation.

Administrative jurisdiction is procedurally based on the principles of judicial jurisdiction, includes a legal assessment of the behavior of participants in administrative-legal relations and the application of measures of state-power coercion to them, if necessary. An exception in the judicial jurisdiction is the consideration of cases of administrative offenses by a judge, who, when considering a case of an administrative offense, is guided by administrative procedural norms, just like the prosecutor. Administrative jurisdiction of executive authorities, government controlled and their authorized officials is, in essence, a providing measure in the process of implementing their main functions, for example, social, economic, law enforcement and others.

Of particular importance is the administrative jurisdiction in the implementation of law enforcement, since without the jurisdictional powers of state-powerful executive bodies and their officials unable to effectively carry out law enforcement functions, while judicial jurisdiction in the administration of justice is the main one in the implementation of all types of legal proceedings.

As a rule, both of these aspects of the administrative process are not in conflict with each other, but complement each other.

They have similar features: 1) the mostly extrajudicial nature of the resolution of cases; 2) the individuality of the solution of cases; 3) regulation, as a rule, by one regulatory legal act.

At the same time, the executive body, an official has the right to take actions both to resolve an administrative-legal dispute and law enforcement actions that do not fully relate to activities of a jurisdictional nature.

For example, when exercising control and supervisory functions, there are procedural actions, but there is no administrative-legal dispute. Administrative and procedural activities are manifested in such managerial functions such as licensing, quotas, registration, etc. Administrative and jurisdictional activities presuppose the existence of a dispute, while administrative and procedural activities can manifest themselves in the implementation of such functions as permitting, registration, incentives, incentives and others. Therefore, these aspects are comprehensively manifested in the administrative process in the implementation of specific administrative and procedural relations.

The procedure for resolving cases in the field of activity of executive authorities, public administration, administration of local self-government bodies is based on the principles of the administrative process and the rules that determine the procedural rights and obligations of participants in the process (in relation to the stages of the process).

Jurisdictional relations when considering cases of administrative offenses are regulated exclusively by administrative procedural rules. The procedure for considering cases of administrative offenses, as well as disciplinary proceedings at the request of citizens, incentive, material and other administrative proceedings are carried out within the framework of the administrative process. However, the administrative and procedural aspect of the administrative process also has its own weighty justifications in the sphere of state administrative activity. (See: 1. P. 303-304)

The main features (signs) of administrative-jurisdictional activity.

1. Jurisdictional activity basically includes 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.

At the same time, as a rule, administrative and legal disputes arise at the initiative of the controlled party (object of management), which experiences not always a positive control effect on the part of the subject of management (executive authority, authorized official). For example, filing a complaint against illegal actions or decisions of an executive authority, an official.

When considering and resolving administrative cases, jurisdictional relations may also arise at the initiative of the managing party (authorized subject of management). For example, when considering a case on an administrative offense committed by an individual or legal entity, the authorized body or official decides to bring the guilty individual or legal entity to administrative responsibility.

2. The parties to an administrative-legal dispute may also be executive authorities, for example, disputes of various subjects Russian Federation or a dispute between a constituent entity of the Russian Federation and a federal executive body. When resolving such disputes, the President of the Russian Federation may use conciliation procedures (clause 1, article 85 of the Constitution of the Russian Federation). In case of failure to reach an agreed solution, he may refer the dispute to the appropriate court. Since, according to paragraph 1 and paragraph 2 of Art. 80 The President of the Russian Federation is the head of state, and not the highest official of the federal executive authorities, therefore, in accordance with paragraph 2 of Art. 80 it... "ensures the coordinated functioning and interaction of organs state power". Based on Art. 10 of the Constitution of the Russian Federation “State power in the Russian Federation is exercised on the basis of separation, into legislative, executive and judicial. Legislative, executive and judicial authorities are independent”. This independence is realized in terms of the subjects of jurisdiction and within the scope of competence of each branch of power, and the state power is united, and this unity is provided by the President of the Russian Federation as the head of state with the appropriate constitutional procedures for coordinating interaction.

3. At the heart of administrative and legal disputes (the nature of which is not fully understood in theory and practice), as a rule, is the legal resolution by the authorized body, an official of individually specific disputes, which by their nature are subjective in nature, that is, one of the parties is trying restore or protect your subjective or so-called imaginary right or possibly infringed interest. In this case, the authorized body, official qualifies (gives a legal assessment) of the legal dispute and makes a decision binding on the disputing parties. Conflict relations also arise in cases of consideration of cases of administrative offenses. For example, consideration of a case on an administrative offense and the adoption of a decision by an authorized body, an official to bring the offender to administrative responsibility, while it is possible for a citizen to file a complaint against an unreasonable decision to bring him to administrative responsibility.

4. The rules and procedure for consideration and resolution of administrative-legal, procedural (generally managerial) disputes and cases of administrative offenses are regulated by administrative-procedural norms. Procedural norms establish a certain procedure for consideration and resolution of this category of cases, the procedure for making decisions on them, provide for the exercise of the right to appeal and ensure the execution of decisions made, and simultaneously perform law enforcement functions. That is, these norms determine not only the procedure itself and the procedure for considering administrative cases (execution of regulatory functions), but also affect the essence of resolving the dispute itself, which makes it possible to judge the special law enforcement nature of procedural norms.

5. The norms of administrative law not only regulate managerial relations (more precisely, they influence the behavior of the subjects of their implementation of these relations), in the process of jurisdictional (state-power) activity, they also create the basis for special administrative-legal relations that have relations of equality at a certain stage parties, which then move to the stage of inequality, for example, the conclusion of an administrative agreement on contract service in the internal affairs bodies or in the armed forces.

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. This applies not only to proceedings on cases of administrative offenses, but also to disciplinary proceedings, proceedings on citizens' appeals (complaints, proposals, statements, petitions, etc.), to proceedings on incentives, material proceedings (on compensation for material damage, caused as a result of an administrative offense), etc.

7. Administrative jurisdiction (subordination) has its own specific features for authorized entities exercising it; for example, in the Code of Administrative Offenses of the Russian Federation, this is regulated in Chapter 23. Judges, bodies, officials authorized to consider cases of administrative offenses. This chapter lists 61 entities authorized to exercise the functions of administrative jurisdiction.

Jurisdictional activity, in addition, performs a wide range of law enforcement functions in various industries rights (financial, housing, land, water, labor, etc.).

2. Jurisdiction (subordination) of cases of administrative offenses

1. Cases on administrative offenses provided for by this Code are under jurisdiction and are considered within the competence established by Section 3 of this Code:

1) judges (justices of the peace);

3) federal executive bodies, their institutions, structural subdivisions and territorial bodies, as well as other state bodies authorized to do so based on the tasks and functions assigned to them by federal laws or regulatory legal acts of the President or the Government of Russia.

2. Cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation are considered within the powers established by these laws, namely:

1) justices of the peace;

2) commissions for minors and protection of their rights;

3) authorized bodies and institutions of the executive authorities of the constituent entities of the Russian Federation;

4) administrative commissions, other collegiate bodies created in accordance with the laws of the constituent entities of the Russian Federation (Article 22.1 of the Code of Administrative Offenses of the Russian Federation).

Powers of officials (art. 22.2)

1. Cases of administrative offenses provided for by this Code are considered within their powers by the officials specified in Chapter 23 of this Code on behalf of the bodies specified in clause 3 of part 1 of Article 22.1 of this Code. Cases of administrative offenses on behalf of the relevant authorities are authorized to consider:

1) heads of the relevant federal executive bodies, their institutions, their deputies;

2) leaders structural divisions and territorial bodies relevant federal executive authorities, their deputies;

3) other officials exercising supervisory or control functions in accordance with federal laws or regulatory legal acts of the President or the Government of the Russian Federation.

2. Cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation, on behalf of the bodies specified in clause 3 of part 2 of Article 22.1 of this Code, are considered by authorized officials of the executive authorities of the constituent entities of the Russian Federation.

3. Officials authorized to consider cases of administrative offenses have these powers in full, unless otherwise provided by Chapter 23 of this Code or the law of a constituent entity of the Russian Federation (Article 22.2).

Jurisdiction (jurisdiction) of cases of administrative offenses in the event of abolition, reorganization or renaming of bodies (positions of officials) authorized to consider cases of administrative offenses is regulated (Article 22.3).

1. In the event of the abolition of the body, institution, their structural subdivisions or territorial bodies specified in Chapter 23 of this Code or in the law of the subject of the Russian Federation, the position of an official before the relevant changes and additions are made to this Code or to the law of the subject of the Russian Federation, cases of administrative offenses under their jurisdiction considered by the judges.

2. In the event of transformation, other reorganization or resubordination of the body, institution, their structural subdivisions or territorial bodies specified in Chapter 23 of this Code or in the law of the constituent entity of the Russian Federation, prior to the introduction of appropriate amendments and additions to this Code or the law of the constituent entity of the Russian Federation, the administrative cases under their jurisdiction offenses are considered by the body, institution, their structural subdivisions or territorial bodies to which the specified functions have been transferred.

In the event of a change in the names specified in Chapter 23 of this Code or in the law of the subject of the Russian Federation of the body, institution, their structural divisions or territorial bodies, the position of an official, officials of this body, institution, their structural divisions or territorial bodies continue to exercise powers related to the consideration of cases on administrative offenses, until the relevant amendments are made to this Code or to the law of a constituent entity of the Russian Federation.

The new Code significantly expands the range of cases on administrative offenses considered by judges. Judges are authorized to consider the following cases of administrative offenses listed in Art. 23.1.

Judges of arbitration courts also consider cases of administrative offenses committed by legal entities, as well as individual entrepreneurs.

In cases where cases of administrative offenses are provided for by the laws of the constituent entities of the Russian Federation, they are considered by justices of the peace.

Commissions for juvenile affairs and the protection of their rights consider cases of administrative offenses listed in Art. 23.2.

Enough a large number of cases of administrative offenses are considered by the internal affairs bodies (police) (Article 23.3):

To consider cases of administrative offenses on behalf of the authorities have the right:

1) heads of territorial departments (departments) of internal affairs and equivalent internal affairs bodies, their deputies, heads of territorial departments (departments) of the police, their deputies;

2) bosses line management(departments, departments) of internal affairs in transport, their deputies;

3) chiefs of shifts on duty of duty units of linear departments (departments, departments) of internal affairs in transport, chiefs of linear police stations;

4) chiefs of shifts on duty of duty units of linear departments (departments, divisions) of internal affairs in transport, heads of linear police stations and other police officers who are entrusted with the supervision of compliance with the relevant rules - about administrative offenses committed in railway transport;

5) boss state inspection road safety, his deputy, regiment (battalion, company) commander of the road patrol service, his deputy;

6) employees of the State Road Safety Inspectorate with a special rank;

7) state traffic safety inspectors;

8) state inspectors of road supervision;

9) senior district inspectors, district inspectors.

In addition to the named main bodies authorized to consider cases of administrative offenses, the Code defines another 58 bodies, and the list of officials, jurisdiction and their powers in cases of administrative offenses are determined by Art. 22.3 - 22.4. Ko AP RF.

Other articles on the subject Jurisprudence, law, state

Administrative jurisdiction

B.C. Chetverikov

1. The concept and main features of administrative jurisdiction

Administrative jurisdiction is understood as the activity 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, restoration of violated rights and application in administrative procedural order legal sanctions against the guilty.

Administrative jurisdiction is, in essence, the jurisdiction of the consideration of cases of administrative offenses enshrined in the 3rd section of the Code of Administrative Offenses of the Russian Federation, as well as the consideration and resolution of administrative disputes, if necessary, the restoration of the violated right and the application of legal sanctions to the guilty by authorized bodies, officials, on the basis and in the manner determined by federal regulations and laws of the constituent entities of the Russian Federation.

Administrative jurisdiction is procedurally based on the principles of judicial jurisdiction, includes a legal assessment of the behavior of participants in administrative-legal relations and the application of measures of state-power coercion to them, if necessary. An exception in the judicial jurisdiction is the consideration of cases of administrative offenses by a judge, who, when considering a case of an administrative offense, is guided by administrative procedural norms, just like the prosecutor. The administrative jurisdiction of executive authorities, state administration and their authorized officials is, in essence, a providing measure in the process of implementing their main functions, for example, social, economic, law enforcement and others.

Of particular importance is the administrative jurisdiction in the implementation of law enforcement, since without the jurisdictional powers of state-powerful nature, the executive bodies and their officials are not able to effectively carry out law enforcement functions, while judicial jurisdiction in the administration of justice is the main one in the implementation of all types of legal proceedings.

As a rule, both of these aspects of the administrative process are not in conflict with each other, but complement each other.

They have similar features: 1) the mostly extrajudicial nature of the resolution of cases; 2) the individuality of the solution of cases; 3) regulation, as a rule, by one regulatory legal act.

At the same time, the executive body, an official has the right to take actions both to resolve an administrative-legal dispute and law enforcement actions that do not fully relate to activities of a jurisdictional nature.

For example, when exercising control and supervisory functions, there are procedural actions, but there is no administrative-legal dispute. Administrative and procedural activities are manifested in such managerial functions as licensing, quotas, registration, etc. Administrative and jurisdictional activities involve the existence of a dispute, while administrative and procedural activities can manifest themselves in the implementation of such functions as permitting, others. Therefore, these aspects are comprehensively manifested in the administrative process in the implementation of specific administrative and procedural relations.

The procedure for resolving cases in the field of activity of executive authorities, public administration, administration of local self-government bodies is based on the principles of the administrative process and the rules that determine the procedural rights and obligations of participants in the process (in relation to the stages of the process).

Jurisdictional relations when considering cases of administrative offenses are regulated exclusively by administrative procedural rules. The procedure for considering cases of administrative offenses, as well as disciplinary proceedings at the request of citizens, incentive, material and other administrative proceedings are carried out within the framework of the administrative process. However, the administrative and procedural aspect of the administrative process also has its own weighty justifications in the sphere of state administrative activity. (See: 1. P. 303-304)

The main features (signs) of administrative-jurisdictional activity.

1. Jurisdictional activity basically includes 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.

At the same time, as a rule, administrative and legal disputes arise at the initiative of the controlled party (object of management), which experiences not always a positive control effect on the part of the subject of management (executive authority, authorized official). For example, filing a complaint against illegal actions or decisions of an executive authority, an official.

When considering and resolving administrative cases, jurisdictional relations may also arise at the initiative of the managing party (authorized subject of management). For example, when considering a case on an administrative offense committed by an individual or legal entity, the authorized body or official decides to bring the guilty individual or legal entity to administrative responsibility.

2. Parties to an administrative legal dispute may also be executive authorities, for example, disputes between various constituent entities of the Russian Federation or a dispute between a constituent entity of the Russian Federation and the federal executive authority. When resolving such disputes, the President of the Russian Federation may use conciliation procedures (clause 1, article 85 of the Constitution of the Russian Federation). In case of failure to reach an agreed solution, he may refer the dispute to the appropriate court. Since, according to paragraph 1 and paragraph 2 of Art. 80 The President of the Russian Federation is the head of state, and not the highest official of the federal executive authorities, therefore, in accordance with paragraph 2 of Art. 80 he ... ensures the coordinated functioning and interaction of public authorities. Based on Art. 10 of the Constitution of the Russian Federation State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent. This independence is realized in terms of the subjects of jurisdiction and within the scope of competence of each branch of power, and the state power is united, and this unity is provided by the President of the Russian Federation as the head of state with the appropriate constitutional procedures for coordinating interaction.

3. At the heart of administrative and legal disputes (the nature of which is not fully understood in theory and practice), as a rule, is the legal resolution by the authorized body, an official of individually specific disputes, which by their nature are subjective in nature, that is, one of the parties is trying restore or protect your subjective or so-called imaginary right or possibly infringed interest. In this case, the authorized body, official qualifies (gives a legal assessment) of the legal dispute and makes a decision binding on the disputing parties. Conflict relations also arise in cases of consideration of cases of administrative offenses. For example, consideration of a case on an administrative offense and the adoption of a decision by an authorized body, an official to bring the offender to administrative responsibility, while it is possible for a citizen to file a complaint against an unreasonable decision to bring him to administrative responsibility.

4. The rules and procedure for consideration and resolution of administrative-legal, procedural (generally managerial) disputes and cases of administrative offenses are regulated by administrative-procedural norms. Procedural norms establish a certain procedure for consideration and resolution of this category of cases, the procedure for making decisions on them, provide for the exercise of the right to appeal and ensure the execution of decisions made, and simultaneously perform law enforcement functions. That is, these norms determine not only the procedure itself and the procedure for considering administrative cases (execution of regulatory functions), but also affect the essence of resolving the dispute itself, which makes it possible to judge the special law enforcement nature of procedural norms.

5. The norms of administrative law not only regulate managerial relations (more precisely, they influence the behavior of the subjects of their implementation of these relations), in the process of jurisdictional (state-power) activity, they also create the basis for special administrative-legal relations that have relations of equality at a certain stage parties, which then move to the stage of inequality, for example, the conclusion of an administrative agreement on contract service in the internal affairs bodies or in the armed forces.

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. This applies not only to proceedings on cases of administrative offenses, but also to disciplinary proceedings, proceedings on citizens' appeals (complaints, proposals, statements, petitions, etc.), to proceedings on incentives, material proceedings (on compensation for material damage, caused as a result of an administrative offense), etc.

7. Administrative jurisdiction (subordination) has its own specific features on the authority

1) the range of cases to be administered by administrative institutions, in contrast to cases falling within the competence of state bodies. authorities, courts and prosecutors.

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

Great Definition

Incomplete definition ↓

ADMINISTRATIVE JURISDICTION

1) the legally regulated activities of an authorized body of state power, an official in resolving individual administrative cases (disputes) related to the administrative-legal relations of a citizen or a non-governmental organization with government agency(by its official) in the exercise of public (as a rule, executive) power by this body. A.Yu. in the Russian Federation, they are carried out by the heads of executive authorities and their independent structural subdivisions, considering citizens' complaints about the actions of organizations and officials subordinate to them; courts general jurisdiction considering citizens' complaints about violations of their rights and freedoms by the actions and decisions of state authorities and bodies local government; arbitration courts, considering complaints of citizens-entrepreneurs and organizations regarding illegal 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 the consideration of administrative and legal disputes by courts of general jurisdiction are determined by the norms of the Code of Civil Procedure of the RSFSR, the norms of the Law of the Russian Federation 1993 "On Appeal to the Court of Actions and Decisions Violating the Rights and Freedoms of Citizens". Consideration rules arbitration courts disputes arising from administrative-legal relations are governed by the Arbitration Procedure Code of the Russian Federation. 2) Legally regulated activities of the authorized body, official for the consideration of cases of administrative offenses and the application of measures of administrative responsibility. In the Russian Federation A.Yu. carried out by specially authorized federal law bodies and officials: courts (judges) of general jurisdiction, administrative commissions, commissions for minors and protection of their rights, bodies (officials) of internal affairs, transport, state labor inspectorate, bodies of Gosgortekhnadzor, Gostekhnadzor, Gosatomnadzor, bodies and institutions sanitary supervision, protection environment, forestry, state tax authorities, Customs and others. The Code of Administrative Offenses of the RSFSR determines the jurisdiction of cases to the bodies of A.Yu., the rules and terms for initiating cases of administrative offenses, their consideration, guarantees of the rights of citizens held accountable, the procedure for appealing against decisions adopted by the bodies of A.Yu. N.G. Salishcheva