Administrative and legal status of citizens
The concept and content of the administrative and legal status of citizens
A citizen is a priority subject of administrative law. This is due to the fact that one of the main tasks of administrative law is to ensure his rights and freedoms. The fundamentals of the legal status of a person and a citizen are fixed in Ch. 2 Constitutions "Rights and Freedoms of Man and Citizen". In Art. 2 of this chapter states the principle: "Man, his rights and freedoms are the highest value. Recognition of the observance and protection of the rights and freedoms of a citizen is the duty of the state ". This chapter reveals the basis of the legal status of the individual in the Russian Federation. They correspond to universally recognized norms and principles of international law, natural human rights, personality.
In the Russian Federation, the legal status of citizens is regulated by the Constitution and other legislative acts of the United States and its subjects. Among the fundamental norms that determine the status of a citizen in the Russian Federation are the Constitution, the Declaration of Citizens' Rights and Freedoms, adopted by the resolution of the Supreme Soviet of the RSFSR of 22.11.1991 No. 1920-1, Federal Law No. 62-FZ of 31.05.2002 "On the Citizenship of the Russian Federation Federation ", US law of June 25, 1993, No. 5242-1" On the right of citizens of the Russian Federation to freedom of movement, choice of place of residence and residence within the Russian Federation "; and others
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The basic rights of citizens of the Russian Federation, enshrined in the Constitution and legislative acts of the USA, include the right to life, equality before the law and the court, the right to freedom and personal inviolability, the inviolability of home and private life, the right of free movement within the territory and choice of place freedom of conscience and freedom of religion, freedom of thought and speech, the right to participate in the management of the affairs of the state, to elect and be elected to government bodies and local self-government bodies. Social rights include guarantees of social security in accordance with the law, the right to health and medical care, the right to work and education.
The legal status is a complex collective category, reflecting the whole complex of human connections with society, the state, the collective, the surrounding people. The structure of the legal status includes the following elements: nature, freedom, duties, legal responsibility, guarantees.
In the basis of the legal status of a citizen is the social status, i.e. the real position of man in this system of social relations. The law only fixes this provision, introduces it into the legislative framework. Social and legal statuses are correlated as content and form. The legal status of a citizen is an aggregate of rights, freedoms, duties and responsibilities recognized and guaranteed by the state. It formalizes, legally fixes the historically determined place in the society of social groups of the population: employees, entrepreneurs, servicemen, servicemen, pensioners, etc.
The administrative and legal status of a citizen of the Russian Federation includes the rights, duties and responsibilities of citizens provided for by the rules of administrative law.
The rules of administrative law on the status of citizens are contained in legal acts, which are divided into two groups. The first group is complex legal acts. These include the US Code of Administrative Offenses and other legislative acts. The second group consists of special legal acts regulating specific issues of the status of a citizen, for example, the US law of 27.04.1993 No. 4866-1 on "Appealing to the court actions and decisions that violate both the rights and freedoms of citizens", Federal Law of 02.05.2006 "No. 59-FZ" On the Procedure for Considering Applications from Citizens of the Russian Federation " and others
The administrative and legal status of a citizen is determined by the content of his administrative personality, including administrative capacity and legal capacity.
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A citizen, in order to become a party to an administrative law relationship, must have administrative capacity , i.e. real possibility to have subjective customs and fulfill the legal duties established by the administrative law norm. Administrative capacity arises with citizens from the moment of birth and ceases with death. It can not be alienated or transferred to another person, but may be partially or temporarily limited in cases stipulated by law. The specific scope of the rights (freedoms) and duties of citizens in the field of administrative law is determined by a number of factors: age, state of health, the availability of education, etc.
Fundamental in the system of administrative capacity is the principle of equality proclaimed by the Constitution. Citizens of the Russian Federation have equal rights and freedoms regardless of gender, nationality, origin, beliefs, etc. The administrative capacity of individuals, groups of the population or the entire population can be limited in exceptional cases in accordance with the law (in the case of a criminal or administrative offense, the introduction of a state of emergency, etc.).
The administrative capacity of citizens can not be alienable or transferable. The correlation of rights and duties is formed in such a way as to ensure the optimal combination of the interests of each citizen with the interests of other citizens and society as a whole.
Administrative capacity is the ability of a citizen to acquire by his actions subjective rights and fulfill his legal responsibilities in the field of implementing executive power (public administration). The administrative capacity of a citizen is the ability recognized by him for his personal actions: a) to acquire rights and duties of an administrative and legal nature and b) to implement them. Administrative capacity partially comes from 14 years - obtaining a passport, then at age 16 - the possibility of bringing to administrative responsibility and complete - upon reaching a citizen of 18 years of age.
The grounds for the limitation of administrative capacity are the general grounds for limiting the legal capacity in other branches of law. Thus, Art. 2.8 of the Administrative Code of the United States provides that an individual who, while committing unlawful acts (omissions), is in a state of insanity, is not subject to administrative responsibility; could not be aware of the actual nature and illegality of their actions (inaction) or manage them due to chronic mental disorder, temporary mental disorder, dementia or other morbid state of mind.
The Constitution (Part 2, Article 18) establishes that the rights and freedoms of man and citizen are directly acting. This fully applies to the sphere of public administration. In this regard, the administrative and legal status of citizens in the sphere of public administration is increasingly regulated not by departmental acts, but by legislation. The administrative and legal status of citizens becomes much fuller in content, richer, more diverse, and the range of its regulation in many spheres of economic, political, and social life is expanding.
In the theory of administrative law, the division of rights and obligations arising from the norms of administrative law is carried out according to various criteria.
So, the rights and duties of citizens in the field of administrative law are divided into absolute and relative. Absolute is considered such rights, the implementation of which depends only on the will of the citizen. Relative are such rights, the implementation of which depends not only on the will of the citizen, but also on the availability of actual opportunities for their implementation.
Absolute rights include the right of citizens to participate in government directly and through their representatives; the right of citizens to freedom, personal inviolability and inviolability of the home; the right of citizens to apply (send complaints) in person, as well as to send collective appeals (complaints) to state bodies; to produce and disseminate information by any lawful means, the right to compensation by the state for damage caused by illegal actions (inaction) of state bodies and officials, and a number of others.
The number of relative must include, for example, the right of citizens to enter higher education, the right to drive a vehicle, etc.
Most of the duties of citizens in the field of administrative law are absolute, for example, the obligation to comply with the rules of the hostel and the rules of conduct in public places. At the same time, a number of duties in the field of administrative law are relative. Another criterion for dividing the rights and duties of citizens in the field of administrative law is their division into general and special.
General rights and obligations apply to all spheres of public administration, for example, the right to appeal against unlawful acts of state bodies and officials. Special administrative rights and duties are the rights and duties of citizens in a particular sphere of public administration, for example, in the sphere of education.
To administrative responsibility a citizen is brought in for committing an administrative offense, i.e. guilty action or inaction, for which the Administrative Code of the United States or the laws of the subjects of the United States on administrative offenses established administrative responsibility.
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