Administrative process and its production

The administrative process has a complicated structure, which is due to the wide scope of this process, covering many sectors of public administration and the various categories of individual-specific cases. Public Administration, even within a single administrative process have to deal with different categories of cases. To regulate the procedure for their authorization general procedural rules can be only partly true. Therefore, the administrative process has several specific options for its expression in the practical activities of executive bodies (officials), implying a different procedural rules for solving certain types of cases, the totality of which is production. Depending on the nature of a permitted individual administrative matters and forms of administrative proceedings.

Thus, the conclusion DN Bakhrakh, administrative proceeding as part of the administrative process - a special kind of administrative work to resolve cases in a category, based on general and specific procedural rules. ¹ According to the more detailed definition of the YM Kozlov, LL Popov, administrative proceeding - is legally settled order of the commission of the executive bodies (officials) of the proceedings, the rule of law and fair consideration and resolution of homogeneous individual administrative affairs, united by common subject matter. ²

Thus, the administrative process is divided into separate types of administrative proceedings, which act as its varieties as part of the whole.

The criterion for dividing the administrative process for certain types of production is the nature of individual-specific cases, which reflects their most important properties and features. This test determines the features of a particular type of production, because each production is aimed at establishing a clear procedure for consideration and resolution of a specific category of administrative affairs. For example, the procedure for consideration and settlement proposals, statements and complaints of citizens differs significantly from the established order of application of administrative penalties.

Each administrative proceeding is a system of rules governing the consideration and resolution of any homogeneous groups of management affairs. Consequently, according to the conclusion VP Salnikov, it is relatively independent administrative and procedural legal institution. ³

In science, administrative law, yet there is no consensus on the types of administrative proceedings. For example, VD Sorokin distinguishes two groups of industries: the first is the production for the adoption of normative acts of state administration, in the second group includes several species of plants, characterized by individual acts already adopted, in particular:

a) the production of proposals and petitions and appeals of organizations on the implementation of their rights in the sphere of public administration;

b) the production of administrative and legal complaints and disputes;

с) production of organizational affairs in the apparatus of government;

d) production of promotions in the field of public administration;

e) proceedings concerning the application of coercive measures in the field of public administration. ⁴

In 1967, YM Kozlov, exploring the nature of the administrative process and administrative law, came to the conclusion that the latter regulates the following industries:

a) on the organization of the state apparatus;

b) for applications and petitions of citizens associated with the implementation of their subjective rights;

c) for the use of coercive measures;

d) in cases involving the use of the material of labor, land, finance law. ⁵

After 30 years researching the development of legislation and administrative and procedural rules in post-Soviet space, the same YM Kozlov has identified types of administrative proceedings as follows:

a) Cases of Administrative Offences;

b) disciplinary proceedings;

a) Production of complaints;

⁶ d) the conciliation proceedings. ⁶

AP Kornev in the framework of the division puts the nature of individual-specific management of affairs, reflecting their most important properties and features. In accordance with this criterion he considers the following types of administrative procedures:

• ; proposals, applications and complaints of citizens;
• on matters of promotion;
• in cases of misconduct;
• Office of Administrative Offences.

In addition, AP Korenev separately considering the responsibility of governments and their officials for damage caused by performance management (liability). ⁷

As the VP Salnikov, allocate the production:

• for compensation for the administrative material damage;
• in cases of inventions, discoveries and patents;
• on execution of orders of administrative penalties, etc. ⁸

Prof. VY Kikotya, following his concept of the species structure of the administrative process, believes that the species diversity of administrative procedures can be reduced in accordance with the classification of administrative and procedural activities of the two generic groups:

a) jurisdictional production;

b) Procedural production.

At the same time in the administrative and jurisdictional process VY Kikotya identifies the following output:

• complaints and petitions;
• Office of Administrative Offences;
• disciplinary proceedings.

In turn, in a procedural production he provides:

• permissive license-production;
• registration proceedings;
• Production for the adoption of legal acts (administrative lawmaking). ⁹

Other highlights of the production DN Bakhrakh. According to his approach to administrative law-making process can allocate production:

• for the adoption of acts of government;
• for the adoption of acts of central executive authorities;
• for the adoption of decrees and other acts of the heads of the executive authority of the regions, etc.

In the administrative law empowerment (operational and regulatory) process, there exist production:

• Acquisition personnel (military recruitment, admission to universities, admission to public office);
• the privatization of state and municipal property;
• Application of measures to promote individual and collective actors;
• resource allocation (apartments, money, land, food, etc.);
• for issuing permits (licenses, tolerance, rights management);
• registration (vehicles, citizens, foreign citizens, real estate transactions, etc.);
• for quality certification of products and services;
• supervisors, etc.

In the administrative and jurisdictional became isolated during production:

• citizens' complaints;
• Office of Administrative Offences;
• disciplinary (to attract employees, students and other stakeholders to disciplinary and material liability);
• enforcement (execution of acts of courts and other authorized bodies on the transfer of funds and other property or perform certain actions for the benefit of other citizens, organizations);
• Application of administrative detention (involuntary treatment, detention of citizens, detention of vehicles, personal inspection, etc.). ¹⁰

These types of administrative procedures vary considerably, but, according to VJ Kikotya have some common features:

• predominantly non-judicial procedure for resolution of individual cases;
• legally authoritative beginning (though in different ways);
• settlement of administrative procedure law (but in varying degrees);
• administrative and procedural relationships and principles. ¹¹

At the same time, the degree of the procedural different industries is not the same. In some cases, the production has a well-developed, mostly unified procedural form (for example, complaints by citizens). In other cases, the authoritative work resolved the procedural rules of varying quality and not complete. Some production is currently only adds, their procedural form is not perfect.

Each production is linked with certain institutions of administrative law. The relevant procedural rules serve as an appropriate institution and are a part of it (if the administrative procedural law is viewed not as an independent branch of law, as well as a group of administrative law), or are the elements of production as independent institutions ( when considering the administrative procedure law as an independent branch of law).

One of the most established in the right post-Soviet states (and the entire continental legal family) production is the production of administrative cases. As a kind of administrative and procedural activities of jurisdictional and administrative proceedings in cases of administrative offenses may be considered in a certain sequence of stages of the process, each of which has its own procedural assignment.

These stages (five stage production as its specific feature mentioned above) include:

• excitation of the administrative affairs;
• its investigation and referral materials on jurisdiction; hearing by a competent authority (official) and the adoption of regulations;
• optional - the appeal and to challenge decisions, a review;
• Enforcement of the Judgement delivered on the case. ¹²

The initiation of proceedings on administrative violations usually has a specific procedural implementation of a protocol on administrative violation. The initiation of proceedings to the legal value is the procedure and the legal fact of administrative and procedural relations. In this case the excitation of the administrative case can take place both at the initiative of the authorized body (the person), and the citizen (eg, filing a complaint).

At the stage of legal action where necessary, implemented an administrative investigation, and after the detection of administrative violations in the field of antimonopoly legislation, legislation on advertising, the currency legislation, legislation on consumer protection in the field of taxes and duties, customs, environmental protection, production and trafficking of alcohol , alcohol and alcohol products, fire safety, traffic and transport by examination or other proceedings.

In the process of administrative investigation carried such proceedings as the collection and preservation of evidence, drawing up the report to initiate an administrative case, the question of suspension or termination of production. Facie case of administrative proceedings is committing an administrative offense and the existence of a rule providing for liability, as a protocol. Identified and measures to ensure production for, inter alia, administrative detention, personal examination and inspection of things, the removal of products and instruments, removal of driving and testing for intoxication.

Consideration of an administrative case - the main stage of the administrative proceeding in which the manifest features jurisdictional administrative and procedural activities. For each case, the law sets out procedures for the preparation, procedure and timetable for their consideration. Cases on administrative violations are dealt with jurisdiction, often - in the presence of the offender. In a case, the authority or official shall make a decision on imposition of administrative penalty, or to dismiss the case proceeding. The decision by the ruling is an individual act of governance.

As a rule, a ruling on the administrative case may be appealed by a person against whom it was made, or a victim to a higher executive authority or the courts. An appeal is also possible to prosecutors. Making a complaint and bringing the Prosecutor protest, as a rule, suspend the execution of the order pending appeal or protest. ¹³

Compliance with the order of execution of decisions on administrative violations is an important safeguard of the rights of citizens, brought to administrative responsibility. The purpose of the enforcement of decisions is the practical implementation of the administrative punishment imposed on the offender. Execution of judgments carried out by various authorities referred to in the legislation. Production at this vary depending on the measures to impose administrative penalties. For example, the decision on administrative detention ordered by a judge and given and execution of internal affairs bodies. ¹⁴

At the same time, despite their differences, all mentioned in this chapter, types of administrative proceedings carried out in the field of public administration.

Typically, one or another production implemented by relevant executive authorities and their officials. And the only consideration and resolution of some cases in the legislation is responsible for cases, in addition to the executive bodies, other State organs and their officials, as well as non-governmental organizations and their representatives. The relations arising in the implementation of a particular type of production, are governed by administrative and procedural rules. These factors combine and separate the production into a single administrative process. ¹⁵