The concept and features of administrative legal relations are brief. Summary: Administrative and legal relations concept and types. Concept, features, types and structure of administrative and legal relations

One of the varieties legal relationship are administrative, in which one of the subjects is always the authority or its. They can arise on the initiative of either side, and the desire of the other is not always obligatory. What are administrative relations, what do they consist of, who can be their subject? Let us briefly answer these questions.

Concept

Administrative and legal relations - fixed legal regulations arising and existing in connection with the activities of executive bodies.

Structure

Consist of content, object and subjects.

The subjects are:

• citizens of Russia;
• organs local government, public administration ( executive power), officials of bodies;
• located on the territory of the state - Russia - citizens of other states;
• institutions, enterprises, organizations.

Peculiarities

Administrative and legal relations - possessing all common features and a variety of legal relations that has its own characteristics. These features include the following:

• one of the sides (in mandatory) - an official, or a public administration body, executive power;
• This party exercises the powers granted;
• Most disputes are resolved in administratively;
• The parties to legal relations are not equal in their status.

Types of administrative and legal relations

They are divided into internal and external. The former result from internal activities authorities, officials... The second exist in connection with the implementation. Also, there are coordination and subordinate administrative and legal relations. The latter are relations based on the authoritarian nature of the legal expression of the will of the subject of management. In coordination relations, this authoritarianism is absent.

According to the legal nature of interactions, they are divided into vertical and horizontal. The first are power relations, in which the subject of control has a direct control effect on another person. At horizontal relationship the parties are legally and de facto equal.

and relationship

The regulation of relations is carried out by fixing them in the legal norms of various legislative acts. General norms are contained in the Constitution, and the main act in the field administrative relations is the Code of Administrative Offenses of the Russian Federation. Normally administrative law it is precisely defined between whom the legal relationship should arise, and what rights and obligations they will have.

Existing rights and interests in administrative relations can be protected in judicial procedure, but most often the decision is made by one party - the subject of management. Such a subject can refuse a request, give instructions, demand explanations, use means of disciplinary and administrative coercion.

Unlike in administrative law, responsibility arises not before another subject, but directly by the state.

Administrative and legal relations arise from both lawful and illegal actions. The former include filing an action complaint executive body... The second is the commission of an administrative offense by a person.

The same classification criterion underlies the division administrative relations on subordinate and coordinating, which became widespread in the 80s. XX century. Subordinate relations include relations based on the authority of one of the subjects in relation to another (subordination, subordination of the subjects of legal relations). Coordination legal relations are characterized by the use of power to ensure effective joint activities several managing subjects. Within the framework of this classification, a group of re-coordination relations is also distinguished, which include those that ensure the reverse effect of the controlled subject on the controlling subject (relations that arise when appealing the actions and decisions of authorities or when contacting the authorities).

2. In terms of goals, they are traditionally subdivided into regulatory and protective. This classification implies that individual legal relationships arise, change and terminate in connection with the regulation of certain processes and phenomena in the framework of public administration, while others are implemented in the framework of the protective functions of the state. It seems that the regulatory norms are more likely than the relations arising on their basis.

3. In the areas of activity of Yu.A. Starilov highlights:

• administrative and legal relations of executive authorities ( local administration) general competence, i.e. on all issues of life in the relevant territory;
• administrative and legal relations of the executive branch of industry competence in relation to the subjects of management under their jurisdiction;
• administrative and legal relations of bodies of intersectoral competence of a supra-departmental nature for solving special issues, exercising control, supervisory and coordination powers;
• administrative and legal intra-organizational relations affecting the activities of the apparatus this body and institutions, enterprises under his direct subordination.

4. B.N. Gabrichidze and A.G. Chernyavsky distinguish two groups of administrative and legal relations:

• relations directly expressing the basic formula of control action ("subject-object"), in which the imperious nature of state-administrative activity is clearly manifested;
• relations that develop outside the framework of direct control action on a particular object, organically related to its implementation.

With regard to the proposed classification, we can say that, in our opinion, it explains and quite successfully complements the existing concepts of vertical-horizontal and coordination-subordinate legal relations, but has no independent meaning.

a) organizational management relations in the implementation of executive power ( government controlled) arising in the process and as a result of the implementation of the executive power and the exercise by the subject, within the limits of the granted powers, of regulatory management functions in relation to the areas under his jurisdiction and subordinate objects. This group is divided into external management (as opposed to internal apparatus) and organizational relationships.

b) intra-organizational relations in all areas state activities that mediate in-house activity on internal organization the work of any bodies of the public administration system in all spheres of state activity

c) nationwide control and organizational relations arising in the process and as a result of the implementation of nationwide control activities, i.e. state control, which, in contrast to the usual functional control, is endowed with a number of features (it is carried out throughout the state, on behalf of the supreme state bodies and keeps in sight the activities of the executive power and other authorities on certain issues).

d) administrative and judicial organizational and protective relations arising in the process and as a result of the implementation judicial control for the legality of decisions and actions of the state and local administration related to the assessment of the legality or illegality of its actions by the courts and judges, as well as the application by the latter of various kinds of administrative and coercive measures against individuals and legal entities in order to protect and restore law and order in the field of government.

Concluding the consideration of the issue of the types of administrative legal relations, it is necessary to emphasize that, when classifying legal relations according to one or another criterion, one must remember about the nature and characteristics of administrative legal relations in general. By far the most essential classification of the above is the first, suggesting the division of administrative legal relations into vertical and horizontal (subordinate and coordinating), since it is this that reflects the specifics of administrative legal relations in comparison with relations regulated by other branches of Russian law.

The structure of the administrative legal relationship

According to developments in the field of general theory of law, the structure of any legal relationship includes its subjects, object, as well as the actual content of the legal relationship in the form of subjective rights and legal obligations of its subjects. The subject as an element of the structure reflects the composition of the participants in the legal relationship, the object is the reason (reason) for the emergence of the legal relationship, and the content is the essence of the emerging relationship.

To fulfill this condition, the subject of an administrative legal relationship must meet the requirements of administrative legal capacity, i.e. the potential opportunity to participate in administrative legal relations, the ability to have the rights and obligations established by administrative legal norms, and the requirements of administrative capacity (including delinquency), i.e. the ability by their actions to acquire and exercise rights, to fulfill legal obligations, to comply with restrictions and prohibitions established by administrative law, as well as to bear responsibility for violation of the prescriptions of administrative-legal norms. The presence of these two qualities in aggregate determines the presence of the subject of a general administrative and legal status. At the same time, the subject of an administrative legal relationship has a special administrative legal status, since each individual or legal entity, entering into such a relationship, becomes a licensee, government employee, applicant, etc.

Traditionally, individual and collective subjects of administrative legal relations are distinguished. So, in a public relation regulated by the norm of administrative law, an executive authority (collective subject) or an official of an executive authority (individual subject) can participate. Among individual actors includes all individuals with various administrative and legal statuses (refugees, foreign citizens, civil servants, officials, pensioners, students, employees, etc.)

Collective subjects of administrative-legal relations are, as a rule, legal entities endowed with any administrative-legal status, including various state bodies. The opinion expressed in the literature that the subject of administrative law can be structural subdivision a legal entity (shop, post office, faculty), the labor collective, in our opinion, does not correspond to reality, since only a specific individually defined subject can participate in a legal relationship, which the labor collective, for example, is not. Meanwhile, it is a collective of people with a specific administrative and legal status, for example, a public organization formed in accordance with the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" and has not passed state registration... This is a specific, exclusive subject of administrative legal relations, the spectrum of which, by the way, is also very narrow. The presence of such subjects of legal relations, as well as the fact that the concept of "legal entity" is civil law, refers to the subjects of private law, cannot prevent the subjects of administrative, public law were defined on the basis of clear legal constructs, rather than theoretical considerations. The term "legal entity" is universal and clearly reflects the composition of a significant part of the collective subjects of administrative legal relations. Another thing is that by joining them, legal entities become executive bodies, non-profit organizations, state-owned factories, budgetary institutions, i.e. each time they acquire a special administrative and legal status. However, in terms of administrative and legal relations, legal entities act in their own capacity, regardless of their administrative and legal status. A classic example: the norms of the Code of Administrative Offenses of the Russian Federation.

It should be noted that the concepts "subject of management", "subject of administrative law" and "subject of administrative legal relationship" are not identical. The subject of administrative law is determined by the rules of law in general view as a certain category of persons who meet the requirements of the hypothesis of the norm, while the subject of the legal relationship is always specific. In addition, the subject of law for a long time may not be a participant in administrative legal relations at all. Thus, the subject of an administrative legal relationship is a subject of administrative law that has entered into a specific legal relationship.

The subject of public administration is a subject endowed with certain powers in the field of public administration. In the conditions of the rule of law, the subject of management is always the subject of administrative law, however, situations are not excluded in which the managing subject is outside the field of action of the norms of administrative law. The subject of administrative-legal relations can be both the subject of management and its object, i.e. literally - the person to whom the control is directed. Therefore, the scope of these concepts is also unequal.

A number of characteristic features are inherent in legal facts in administrative law:

• legal facts- these are single (individual) social circumstances, they exist in reality as something definite and concrete: a social situation, a person's behavior, etc .;
• legal facts are expressed in objective reality as the presence or absence of a situation described by the norm of administrative law;
• in administrative law, legal facts should be important for the organization and implementation of public administration;
• they are always provided for by administrative law;
• according to their purpose, legal facts entail legal consequences provided for by administrative-legal norms: the emergence, change or termination of administrative-legal relations.

Legal facts in administrative law are diverse and can be classified on various grounds.

1. According to the legal consequences, there are legal facts:

• legal-forming - entailing the emergence of administrative legal relations;
• law-changers - entailing a change in already existing administrative and legal relations;
• terminating - entailing the termination of administrative legal relations.

2. In the form of manifestation, legal facts can be positive (positive), i.e. existing in reality, or negative (negative), when the social situation described by the norms of law is absent.

3. The most common and detailed is the classification of legal facts into acts and events.

Acts are manifested in two forms: as actions and as inaction. Both are the result of the active expression of the will of the subject of the legal relationship. However, action presupposes the performance of active actions based on a volitional decision, while inaction presupposes a volitional failure to perform the actions prescribed by law.

As a rule, the action that determines the administrative legal relationship is the issuance of a non-normative act of management (order of appointment, order of allocation of funds, decision on tax audit etc.). This is the most typical legal fact for administrative law. However, administrative legal relations also arise on the initiative of the controlled subjects of legal relations (filing an application or complaint, committing an offense, etc.).

By their nature, lawful and illegal actions are distinguished. Lawful actions are based on the provisions of the rules of administrative law and comply with them. Unlawful actions violate the requirements of the rules of administrative law. Such legal facts are offenses that can be disciplinary offenses or administrative offenses. Unlawful actions entail the emergence of a number of procedural legal relations to bring to disciplinary or administrative responsibility.

It should be borne in mind that inaction may also be illegal: for example, inaction of an official who is obliged to perform certain actions in relation to a citizen or organization, or inaction of a citizen who is obliged to register with the internal affairs bodies at the place of temporary stay.

Another kind of legal facts in administrative law are events. Events, in their essence, are phenomena independent of the will of people (for example, death, disaster etc.). Norms administrative legislation provides for the emergence, change or termination of administrative and legal relations, including in connection with such circumstances that are not associated with the expression of the will of the subjects of legal relations. In particular, the death of a citizen entails the termination of all legal relations, the subject of which he acted.

Administrative and legal relations are one of the types of legal relations, i.e. public relations in the management sphere, regulated.

Administrative legal relationship there is:

• the result of a regulatory impact on a given managerial public attitude, giving it a legal form;
• regulation by the legal norm of the actions (behavior) of the parties to this relationship;
• correspondence mutual rights and the obligations of the parties to the legal relationship, determined by the legal norm;
• establishing them for behavior inappropriate to the requirements of the legal norm.

By itself, the norm of administrative law does not create a specific administrative-legal relationship. It is the basis of its emergence, under appropriate conditions and in the presence of appropriate subjects, the management attitude acquires an administrative-legal shell. The administrative-legal norm establishes the scope of powers of these parties, their mutual rights and obligations, as well as legal responsibility for failure to fulfill obligations or violation of rights. The administrative-legal norm determines for one party the type and measure possible behavior, and for the other - the type and measure of proper behavior.

Administrative and legal relationship can be defined as an administrative public attitude regulated by an administrative-legal norm, which is developing in the sphere of implementation.

The structure of administrative and legal relations

Modern legal science and practice recognizes that the legal relationship cannot be considered in isolation from those actual social relations that are clothed in legal form... Arising on the basis of legal norms, they become a special form of actions and deeds of people. Legal form and actual content public relations is an integral social phenomenon.

The structure of the legal relationship has 3 required elements:

1. subjects;
2. an object;
3. content (rights and obligations).

For administrative and legal relations is characterized by obligatory subject, which is usually the relevant executive authority (or official), endowed with responsibilities and rights to carry out executive and administrative activities. This obligatory subject always acts legally overbearing. The second party can be all other possible subjects of administrative and legal relations.

Administrative and legal relations can arise on the initiative of either of the parties, but the consent (desire) of the other party is not a prerequisite. In cases where such is required, it plays the role of a factor that precedes the emergence of an administrative-legal relationship.

Subjects of administrative-legal relations are endowed with administrative rights and responsibilities. These include:

• executive agencies;
• enterprises;
• institutions;
• organizations;
• civil servants;
• , foreigners, persons without.

The degree of participation of subjects in legal relations is determined by their and their legal capacity.

Administrative legal capacity

The essence of administrative legal capacity government bodies is predetermined by their specific purpose. It means the ability of these bodies to have and to carry out in one way or another the tasks of state administration, to enter into administrative and legal relations related to the implementation of these tasks. It corresponds to the volume of state and power powers that are vested in this link in the system of government bodies, i.e. its competence.

The general administrative legal capacity of a public administration body is characterized by its ability to independently carry out the corresponding volume of executive and administrative functions. Administrative legal capacity of public administration bodies comes from the moment of their formation and determination of their competence; at the same time, the administrative of these bodies occurs, i.e. the ability to practically exercise their legal capacity.

The administrative legal capacity of civil servants is determined by the fact that they actually carry out daily executive and administrative activities, being the official apparatus of government bodies. Naturally, speech in this case is about those employees who are part of the administrative and managerial personnel, possessing from the moment of appointment and administrative capacity.

Administrative clerk due to his position in the management apparatus. More generally, it is determined and predetermined by the competence of this governing body, its administrative legal capacity. Specifically, his administrative capacity is secured job descriptions, and if there are none - by general or special rules of state and administrative law.

Administrative legal capacity of citizens arises from the moment of their birth. Their partial legal capacity in the administrative-legal sphere begins, as a rule, from the age of 14, for example, obtaining a passport, and full - from the age of 18, i.e. from the age of majority.
In administrative-legal relations, disputes that may arise between their participants are usually resolved in an administrative (extrajudicial) procedure, i.e. by direct, legally imperious and unilateral order of the authorized government body (official). At the same time current legislature provides for a number of cases judicial review such disputes.

The general object of administrative and legal relations are relations in the field of public administration. In each specific administrative-legal relation, the object is what the rights and obligations of its participants are aimed at, i.e. that for the sake of which a legal relationship arises. In administrative-legal relations, the objects of specific legal relations are behavior, actions of subjects in the field of management and their results.

Types of administrative and legal relations

Administrative and legal relations differ:

• material;
• procedural.

2) according to the ratio of the rights and obligations of the participants:

• relations in which one of the participants is subordinate to the other (vertical legal relationship);
• relations, the participants of which are not subordinate to each other (horizontal legal relations):

a) relations preceding direct control action (links arising from, for example, the preparation and adoption of joint regulatory acts of management - between two ministries);
b) relations arising after the implementation of direct control action in order to create conditions for the effective implementation of the adopted in unilaterally a legally imperious decision (the formation of interdepartmental commissions, joint audits, etc.). These two named groups of relationships are among administrative and procedural;
c) relationship administrative procedural the nature in which the parties occupy an equal position (for example, consideration of administrative and legal disputes);
d) relationship administrative-contractual character, in the form of various kinds of agreements (for example, a preliminary agreement on admission to a particular position).

The uniqueness of administrative-legal relations lies in the fact that, on the one hand, it is an element of the mechanism of administrative-legal regulation, and on the other hand, it is the purpose of the functioning of this mechanism. The purpose of the mechanism of administrative and legal regulation is to transfer managerial relations into administrative and legal ones. Administrative and legal relations - these are management relations, regulated by the norms of administrative law, the participants of which are endowed with subjective rights and legal obligations.

The following features are inherent in administrative and legal relations:

- are power relations, i.e., due to the inequality of the participants;

- are the result of the implementation of administrative and legal norms;

- they are characterized by the presence of an obligatory subject, empowered state-imperious character;

- arise in connection with the practical activities of government bodies;

- may arise on the initiative of either of the parties and the consent of the other party is not required;

- disputes about the law are resolved most often out of court (administrative);

- in case of violation of the requirements of an administrative-legal norm, the parties bear legal responsibility before the state, taking into account the severity of the consequences that have occurred;

- in essence, they are organizational, that is, they are aimed at organizing joint activities of subjects of state administration.

Of great importance in the characterization of administrative-legal relations are their preconditions, which precede their emergence. Among prerequisites for administrative and legal relations include: the presence of an administrative-legal norm, the legal personality of participants in public relations, a legal fact.

Administrative and legal relations refer to complex legal phenomena, which are inherent in a certain structure. The structural elements of the administrative-legal relationship include: subjects of a legal relationship, objects of a legal relationship, the content of a legal relationship.

Subject administrative-legal relations is a participant in administrative-legal relations (natural or legal person) with administrative legal personality, endowed with subjective rights and legal obligations.

Administrative legal personality is a unity of two elements - administrative legal capacity and administrative capacity.

Administrative personality individuals and organizations have significant differences. Legal personality of individuals, in contrast to legal entities, includes elements such as legal capacity, legal capacity and liability for delinquency.

Administrative legal capacity Is the ability of an individual, by virtue of the norms of administrative law, to be a bearer subjective rights and legal obligations... The legal capacity of a natural person arises from the moment of birth and ends with his death. It cannot be transferred, sold or rejected in any way.

Administrative capacity of an individual- the ability of a person to exercise rights and obligations by their actions. Legal capacity is predetermined by a number of factors, which include: age, state of health, level vocational education, qualifications, marital status, etc. Distinguish between full, partial and limited administrative capacity. Full legal capacity occurs from the moment a person reaches eighteen years of age... Partial legal capacity is subdivided into the legal capacity of minors, persons aged six to fourteen years, and minors - from fourteen to eighteen years. Minors and minors have the right to perform the actions specified in paragraph 2 of Art. 29 of the Civil Code of the Russian Federation.

Legal capacity may be limited in whole or in part. Only the court has the right to restrict legal capacity. Restriction of legal capacity deprives an individual of the right to be a full-fledged participant in management relations. Thus, a citizen cannot be admitted to the civil service if he is recognized as incompetent or partially capable by a court decision that has entered into legal force.

Objects of administrative and legal relations- this is what the influence of the subjects of relations is directed to. These include a wide variety of benefits and phenomena that are subject to the subjective rights and legal obligations of the participants in legal relations. These include the following: objects of the material world (land, water, bowels, buildings, structures, money, etc.);

- personal non-property benefits (life, health, honor, dignity, business reputation, etc.); products of spiritual creativity (works of literature, painting, cinema, etc.); the behavior of participants in legal relations, that is, the interaction of individuals and their teams with the surrounding reality, which can be carried out in an active form (action) or passive (inaction); the results of the behavior of participants in legal relations, that is, the results of an action or inaction, which can be both legitimate and unlawful.

The objects of administrative legal relations are all qualitative varieties of objects that are listed above.

Content of administrative and legal relations form the subjective rights and legal obligations of their participants. Subjective law Is a measure of the possible behavior of a participant in administrative-legal relations that belongs to the entitled person. This is a potentially possible behavior, the implementation of which is determined by administrative law. In this regard, when characterizing subjective law, the word "measure" is used, which is understood as a quantitative and qualitative characteristic of a certain variant of behavior of a participant in a managerial relationship. The authorized subject can refuse to exercise the subjective right without fear of negative legal implications... The implementation of subjective law presupposes activity, initiative authorized person.

Legal obligation- This is a measure of the proper behavior of the subject in the interests of the entitled person. The bearer of legal obligations does not have the right to waive the legal obligation imposed on him. Refusal of the necessary behavior or incomplete implementation of the obligation entails the onset of negative legal implications for their bearer. Legal obligation has a certain framework, which is limited by administrative law. The requirement to fulfill a legal obligation in excess of the measure is a violation of the law.

The totality of subjective rights and legal obligations of an administrative-legal relationship is always specific. For example, government civil servants are empowered general rights and the obligations enshrined in Articles 14, 15 Federal law dated July 27, 2004 No. 79-FZ "On state civil service Russian Federation". The totality of the subjective rights and legal obligations of a person in the field of public administration forms his administrative and legal status, which contains the consolidation of the legal status of a person in the field of public administration.

Mandatory conditions the emergence, change or termination of administrative-legal relations, its prerequisites are the presence of an administrative-legal norm, the legal personality of its participants, a legal fact.

Legal Facts- these are specific life circumstances with which the norm of administrative law connects the emergence, change or termination of an administrative-legal relationship. By means of a legal fact, administrative-legal relations are triggered. It plays the role of a kind of catalyst, due to which there is a legal "reaction" called "administrative-legal relationship".

Given the variety of administrative and legal relations, it is advisable to consider the problems of classification of legal facts. It can be based on the following signs: generated consequences, connection with the will of the participants, the form of manifestation.

Depending on the resulting consequences, there are legal, law-changing and terminating legal facts. Legal-forming legal facts entail the emergence of administrative and legal relations (for example, entering the civil service). Law-changers - transform (change) real-life relations (for example, assignment to a higher public office). Terminating legal facts entail the termination of existing administrative and legal relations (dismissal of a civil servant).

In relation to the will of people, legal facts are divided into actions and events. Actions are recognized as such legal facts that are associated with the will of their participants. Depending on their relationship with legal norms, lawful and illegal actions... Lawful actions can also be classified according to the direction of will. subjects of law... Actions that are committed with the intent to create legal consequences are called legal acts(resolution in a case of an administrative offense, order for the appointment of a civil servant, etc.). Events are recognized as such legal facts that entail the onset of legal consequences regardless of the will of the subjects. Events include natural disasters, birth, death of a person, reaching a certain age. They have legal significance, as they have an impact on management relationships.

By the form of manifestation, there are positive and negative legal facts. Positive legal facts are such facts, with the presence of which the administrative-legal norm connects the emergence, change or termination of administrative-legal relations. Negative legal facts connect the emergence, change or termination of administrative and legal relations with the absence certain action or events.

Administrative and legal relations are diverse, therefore, to understand their essence, the species classification is important. Depending on the focus distinguish between external and internal administrative legal relations. External power relations are aimed at the implementation of those tasks for the solution of which the subject of state administration was created, that is, they are associated with the implementation of external power powers of the executive authorities. For example, attitudes about attracting administrative responsibility that arise between the internal affairs bodies and the person who has committed an administrative offense.

Taking into account functions of administrative law distinguish between regulatory and protective administrative and legal relations. Regulatory administrative-legal relations are the result of the impact of the norms of administrative law on positive management relations. Protective administrative-legal relations arise due to the emergence of conflicts in the field of public administration. It is quite obvious that the overwhelming majority of administrative relations are regulatory relations. Only in cases where positive management relations are harmed, the protective norms of administrative law come into effect, which is predetermined by the need to protect positive management relations.

The nature legal facts giving rise to administrative and legal relations, distinguish between administrative and legal relations generated by lawful and illegal actions, events. In the overwhelming case, administrative-legal relations are the result of an action legitimate facts, which are provided for by the norms of administrative law and are the result of the implementation of the regulatory function of administrative law. At the same time, there are also violations of legal regulations set out in administrative and legal norms. Then, illegal (illegal) facts act as the basis for the emergence of administrative-legal relations.

An administrative relationship is understood as a type of public relationship of a managerial nature, regulated by an administrative legal norm .

Administrative legal relations should be considered as social and managerial relations, formed on the basis of administrative law, regarding the implementation of executive power, one of the participants in which, as a rule, is a subject endowed with state power.

The structure of administrative legal relations includes subjects, objects and its normative content. The parties in them act as carriers of mutual rights and obligations within the scope of a specific administrative-legal norm.

Subject - this is an individual or organization (individual or collective subject), which, in accordance with the norms of administrative law, are the bearers of subjective rights and responsibilities in the field of public administration. The body of state administration acts as a mandatory subject of administrative legal relations.

An object - this is what the administrative-legal relationship affects. The object is the will, consciousness and the behavior of subjects mediated by them in the sphere of the implementation of executive power.

For the emergence, change and termination of administrative-legal relations, the occurrence of the conditions provided for by administrative-legal norms is required. These conditions are legal facts , i.e. circumstances in which, in accordance with the requirements of the relevant rule, specific legal relations should (or may) arise between the parties. As a rule, such circumstances are actions or events. Actions are the result of the active expression of the will of the subject. They can be lawful and illegal. Developments - these are phenomena that do not depend on the will of people (for example, the change of the season, natural disaster, man-made accident, death, etc.).

Administrative and legal relations possess the following signs :

· The obligations and rights of the parties are asymmetric, since they are associated with the activities of executive authorities and their officials (power-subordination relationship);

One of the parties, as a rule, is the subject administrative authority(body, official, non-governmental organization, endowed with state power);

· These relations most often arise at the initiative of one of the parties;

· In case of violation of an administrative-legal norm, the violator is liable to the state;

· The resolution of disputes between the parties, as a rule, is carried out in an administrative manner.

The classification of administrative-legal relations and the grounds for their occurrence and termination is not only an end in itself and the possibility of determining purely theoretical approaches and views, but also a necessary precondition legal regulation ways of their implementation and their more effective practical application by government bodies or local self-government.

The existing variety of types of administrative legal relations is the basis for a variety of approaches to their characteristics. Depending on the nature of the connections vertical and horizontal relationships can be distinguished between the parties.

Vertical administrative and legal relations are formed between the parties, one of which is organizationally subordinate to the other. These are relations of a subordinate nature. They are formed between the higher and lower levels of the administrative apparatus, between these levels and the enterprises, institutions and organizations subordinate to them.

Horizontal administrative and legal relations are formed between non-subordinate parties; one of the parties is not organizationally subordinate to the other. These are relations between government bodies and citizens, public associations, between government bodies and enterprises, institutions, organizations that are not subordinate to them, and finally, between bodies that are not subordinate to each other.

This division of administrative legal relations is traditional, although very controversial. Regardless of the subordination of the parties to the administrative-legal relationship, one of them, due to the imperiousness inherent in management, accounts for a greater or entire volume of powers.

Since state-power powers in the overwhelming majority of cases are concentrated in the hands of one party acting directly on behalf of the state, all such legal relations are vertical, i.e. power relations.

In horizontal managerial relations (relations on the approval of a draft order, a government resolution; an administrative-legal contract for the protection of an object, etc.), unilateral control action is not expressed, their participants are equal.

Some authors single out diagonal relationship ... They are formed when organizing management according to the functional principle (the Central Bank of Russia and its clients; the nature of management relations within the existing powers between the Gosstandart of Russia, Goskomstat of Russia and other state authorities).

In the legal literature, and in-room (intra-organizational ) legal relationship , i.e. relations that develop in the process of organizing and functioning of public administration, in other words, when creating a system governing bodies, their structural establishment, when entering the civil service and its passage.

These relations are more characteristic of the organizational principles of management. At the same time, there are also functional intra-organizational legal relations, i.e. relations within which the legal status of government entities and citizens is implemented:

The rights and freedoms of citizens, the powers of officials and the competence of governing bodies are exercised,

The obligations of the subjects of law are established,

Persons who violate legal regulations in the field of public administration.

In the 80s of the XX century, the problems of managerial legal relations were actively discussed. Scientists have identified and analyzed subordination relationships, as well as coordination relationships and re-coordination relationships.

TO subordinate relations include those that are based on the competence of one of the subjects to use administrative, control

powers in relation to other participants in the relationship (for example, relationships in the system public service forming between officials).

Coordination legal relationship are also characterized by the presence of power, but they are used not only to exercise their power, but also to ensure the effective joint activities of several entities wishing to achieve one goal and solve similar problems (relations between federal executive bodies - ministries, state committees, etc., as well as within the framework of the activities of these bodies themselves).

Subordination and coordination relations are characterized by the possibility of issuing administrative acts that must be executed by other subjects.

TO reorientation relations are those that are formed in order to ensure the reverse impact of the controlled entity on the controlling entity, i.e. influence from below on higher authorities (for example, citizens' appeals to public authorities).

By intended purpose administrative and legal relations are divided into two groups:

1) administrative and legal relations arising from the implementation of positive objectives of public administration (for example, for the management of lower levels, enterprises, institutions and organizations, for the regulation of the activities of public associations, for meeting the needs and requests of citizens);

2) administrative and legal jurisdictional relationship , i.e. related to torts in the field of public administration.

For specific content administrative and legal relations are divided into material (compositions administrative offenses, provided by the Code of Administrative Offenses RF) and procedural (for example, arising in the course of proceedings on cases of administrative offenses).

Procedural relations are forms of implementation of material relations, and not only administrative and legal, but also relations regulated by other branches of law, such as land, financial, environmental, tax, budgetary and others.

By way of protection distinguish between administrative and legal relations, protected in administrative , and judicially .