What is the administrative process. Its stages
What is administrative law? First of all, it is an independent branch of law, norms that all citizens of the state must observe, as well as those who are within it.
Code of Administrative OffensesThe Russian Federation is the main normative legal act that provides for various types of punishment for a particular offense. However, in order to apply a separate type of punishment for any offense, it is necessary to follow the norms established by law.
Anyway, but with the compositionadministrative offense, the guilty person must be punished. It is done exclusively in the established order, which is called the administrative process. Legal literature provides for the division of the administrative process at the stage, each of which carries out certain actions. It is precisely the stages of the administrative process that I would like to explain in more detail, but first we need to define what the administrative process is.
Administrative processIs the activity thatspecially authorized bodies and persons. This activity is connected with the initiation, consideration and resolution of administrative cases of a different nature. To date, the administrative process (or administrative proceedings) can be carried out in the following areas:
- offenses of a disciplinary nature;
- citizens' appeals (they include applications, complaints and proposals);
- cases on administrative offenses (consideration of cases on the fact of committing an action, the compositions of which are envisaged by dispositions of articles of the Code of Administrative Offenses of the Russian Federation);
- cases of various kinds of encouragement;
- licensing and licensing;
- production on registration issues.
The legislator provides for two types of administrative process:
- jurisdictional production, which includes the consideration of cases of administrative violations, as well as complaints and appeals of citizens.
- procedural production, which is the production of registration issues and licensing and licensing.
The administrative process consists of three main stages:
- the initiation of an administrative case;
- consideration of the case;
- making a ruling on the material examined.
Now I would like to describe each of these stages in more detail.
Initiation of an administrative case
This stage originates from the moment of registrationof the relevant document, indicating that the person committed an administrative offense - the protocol. This stage can be considered not only a procedural act - it is also a legal fact, which indicates the emergence of administrative procedural relations between entities. As for the person who promotes the emergence of this stage, they can be either specially authorized or ordinary civil (for example, at the time of filing a complaint).
At the first stage, an administrative investigation can be conducted.
Unlike the first stage, the implementation ofonly administrative bodies are authorized to deal with administrative offenses. As a rule, this stage is carried out in the presence of the offender himself. The result of the consideration of the case is the issuing of a decision - a resolution.
Adoption of Resolution
This is the final stage of the administrativeproduction. Based on the results of the case, the authorized person, who performed the second stage, is obliged to make his decision and formalize it properly, in compliance with all legislative provisions.
The decision-making stage in the case may include optional stages, that is, those that are not mandatory. These include:
- Appeal against the decision in higher authorities;
- revision of the solution.
The administrative process provides forstage only if the person against whom the decision was rendered is not in accordance with his wording and wishes to appeal against it. Such an action is provided for by criminal legislation, which is called "appeal".