Material and procedural characteristics of proceedings on citizens'...

Material and procedural characteristics of production on citizens' appeals

The process of production of appeals in the administrative activities of customs authorities is complex and multifaceted and, as noted, consists of a number of stages that are to some extent similar to the stages of various administrative productions. In addition, the institution of the right of circulation in the administrative activities of customs bodies includes both a material and procedural legal component.

The mechanism of production for appeals in the administrative activities of customs authorities, we believe, it is necessary to pay special attention.

As is known, the institution of the right of circulation in the administrative activities of customs bodies is realized within the framework of the administrative-jurisdictional process, more precisely, within the framework of a part of this process - the proceedings on appeals.

In the legal science most often the category "mechanism" is used in such established phrases as the mechanism of legal regulation, the mechanism of legal education, the mechanism for implementing personal constitutional rights and freedoms of citizens, the general mechanism for the operation of law, the mechanism of the operation of the legal system, the mechanism for strengthening law, the mechanism for ensuring human rights, the mechanism of the state, etc.

The components of the mechanism of legal regulation, according to SS Alekseev, are: legal norms, legal relations, acts of application of the rules of law, legal culture and legal awareness.

The mechanism of legal regulation of the implementation of the institution of the right of circulation in the administrative activities of customs authorities is an independent system of legal means by means of which the proceedings are conducted.

The basic element in the mechanism for implementing the institution of the right of circulation in the administrative activities of customs bodies is the rule of administrative law. This is due to the fact that it is impossible to talk about the legal regulation of any public relations without the norms of law. The mechanism for implementing the institution of the right of circulation in the administrative activities of customs bodies is subordinated to the general tasks of the administrative and jurisdictional process. This mechanism, in particular, is carried out during the resolution of legal conflicts, which affects the content of this mechanism.

Legal conflict is a kind of social conflict, by which is meant the confrontation of two or more subjects, caused by the opposite (incompatibility) of their interests, needs, value systems or knowledge. The variety of social relations, including those emerging in the sphere of public administration, causes the existence of various disputes (conflicts).

In the scientific literature, depending on the grounds for origin, customs disputes are divided into three main groups:

1) challenging the actions (inaction) of customs authorities;

2) challenging the decisions of the customs authorities;

3) appeal against customs regulations on bringing individuals to administrative responsibility.

The mechanism of legal regulation of the institution of the right of circulation (complaint) in the administrative activities of customs bodies is a way of organizing and implementing the rights and legitimate interests of individuals and legal entities interacting with customs authorities.

The rules of administrative law determine the mode of production for appeals in the activities of customs authorities. Relations arising in connection with the implementation of proceedings for appeals in the administrative activities of customs authorities are both vertical and horizontal. As already noted, the mechanism of administrative and legal regulation has its own design, i.e. consists of separate elements. Each element of the mechanism of administrative and legal regulation of proceedings on appeals (in particular, complaints) fulfills its specific role in regulating public relations arising in connection with the implementation of this administrative production.

Constructive elements of the mechanism of legal regulation of the institution of the right of circulation in the administrative activities of customs bodies simultaneously act as legal means of administrative and legal influence on public relations arising in connection with the organization and implementation of customs. It is necessary to agree that legal means as components of the administrative and legal regulation mechanism are included in the regulatory process in a certain sequence.

The rules of administrative law, which determine the mode of production for appeals in the administrative activities of customs authorities, are mostly positive. This is due to the fact that during the implementation of the proceedings on appeals in the administrative activities of customs bodies, as a rule, there is no conflictual relationship. The norms of administrative law that define the mode of carrying out proceedings on appeals in the administrative activities of customs bodies are both material and procedural in nature, in the course of the implementation of these norms of administrative law, both vertical and horizontal administrative legal relations arise.

It should be said that the submission of the appeal as a whole and the complaint in particular does not give rise to the power relations between the person who filed the complaint and the body that is considering this complaint. In this case, there are horizontal relations in which inequality in status is excluded, and participants in the proceedings on appeals (complaints) occupy a legally equal position.

Generalization of scientific and educational literature on administrative law makes it possible to draw certain conclusions regarding the characteristics of legal relations arising in connection with the implementation of the institution of the right of circulation in the administrative activities of customs authorities. The obligatory participant in these relations is the body of state administration - the customs body, i.e. these relations take place with the participation of the state.

Administrative legal relations are related to the implementation of the institution of the right of circulation in the activities of customs authorities and may arise on the initiative of individuals and legal entities, when the said entities initiate the appropriate administrative proceedings.

When characterizing the proceedings on the applications of citizens from the material and procedural aspects, for clarity, let us consider separately the proceedings for such a type of treatment as a complaint that plays an important role in the administrative activities of customs bodies.

Note that a citizen can apply to the customs body with a complaint about illegal actions (inaction) or a decision of an official of a customs authority.

The decision is a legal act of the US customs or its official issued in accordance with the established procedure, containing an injunction, prohibition or prohibition of general or individual nature.

Action - the commission of an action (on behalf of the US Customs or its official), which is associated with the onset of legal consequences.

Inaction - failure by the customs body or its official to take a decision on a certain decision or commit a certain action.

Administrative legal relations arising in connection with the implementation of the institution of the right of complaint in the administrative activities of customs authorities, are horizontal. It is due to the fact that these relations are inherently procedural in nature.

Administrative legal relations related to the implementation of the institution of the right of complaint in the administrative activities of US customs authorities, despite their generally positive nature, have a law enforcement orientation.

Administrative legal relationship, like other elements of the legal mechanism for the implementation of the institution of the right of complaint, in the activities of customs bodies has its own structure. Under the structure of the administrative-legal relationship arising in connection with the implementation of the institution of the right of complaint, we mean a set of interrelated elements. These elements include:

1) subjects of administrative and legal relations;

2) objects of administrative and legal relations;

3) the legal facts on the basis of which the occurrence of an appropriate administrative relationship occurs.

Subjects of administrative legal relationship arising in connection with the implementation of the institution of the right of complaint in the activities of US customs authorities are the participants having subjective rights and legal obligations.

The object of administrative and legal relations related to the implementation of the institution of the right of complaint is the right whose recovery is sought by the person who initiated the proceedings on the relevant complaint.

The content of the administrative and legal relationship consists of the subjective rights and legal obligations of the participants in the relevant relationship. The existence of a rule of administrative law does not in itself generate administrative legal relations. The basis for the emergence of administrative legal relations is legal facts, i.e. those factual circumstances with which the law relates the origin, modification or termination of specific administrative relations.

The rule of administrative law only then begins to be realized when the relevant conditions of an event or action take place. Differences between events and actions that give rise to legal relations are that events occur and develop independently of the will of people, and actions always have a clearly expressed strong-willed character.

Actions that generate administrative legal relations arising in connection with the implementation of the institution of the right of complaint, can only be unjustified.

The legal fact, on the basis of which there are protective legal relations in the field of implementation of the institution of the right of complaint in the administrative activities of customs bodies, are various kinds of offenses that encroach upon the established procedure in the sphere of organization and implementation of customs business. Protective legal relations are also called tort relations.

In the mechanism for the implementation of the institution of the right of complaint in the administrative activities of the US customs authorities, there are social relations that can be classified by content - administrative procedural and material, according to the ratio of rights and obligations - vertical and horizontal, in the nature of generating legal facts - generated by positive actions and arising in connection with the commission of an offense. In addition, administrative legal relations arising in connection with the implementation of the institution of the right of complaint can be differentiated by the way of protection.

Administrative legal relations of a material nature, arising in the mechanism for the implementation of the institution of the right of complaint in the administrative activities of customs authorities, are governed by substantive rules of administrative law. Administrative and procedural relations, arising in the mechanism for the implementation of the institution of the right of complaint in the administrative activities of customs authorities, are regulated by procedural rules of administrative law.

The decision of the customs authority on the complaint against the decision, action (inaction) of the customs authority or its official is taken in writing in the form. In such a decision should be indicated:

• the name of the customs authority that considered the complaint;

• position, surname and initials of the official of the customs authority that made the decision on the complaint;

• surname and initials or the name of the person who filed the complaint;

• a summary of the complaint on the merits;

• The decision taken on the complaint;

• reasons and reasons for the decision;

• Information on the procedure for appealing against the decision.

Based on the results of consideration of a complaint against a decision, action (inaction) of a customs authority or its official, the customs authority:

• Recognizes as legitimate the decision, action (inaction) of the customs authority or its official and refuses to satisfy the complaint;

• recognizes that the decision, action (inaction) of the customs body or its official in whole or in part, and makes a decision to satisfy the complaint in whole or in part, is unlawful.

In case of satisfaction of the complaint against the decision, action (inaction) of the customs body or its official in whole or in part the customs authority:

• cancels the decision taken completely or partially by the customs body or its official;

• Cancels the decision taken by the customs body or its official and obliges this customs body or its official to take a new decision in accordance with US law or independently takes such a decision if its adoption falls within the competence of the customs authority that has considered the complaint;

• recognizes the action (inaction) of the customs authority or its official unlawful and determines the measures that must be taken to eliminate the violations committed, or independently performs the necessary actions if their commission falls within the competence of the customs authority that has considered the complaint.

Actions for the implementation of the decision of the customs body on the satisfaction of the complaint against the decision, action (inaction) of the customs body or its official must be committed by the customs authority whose decision, action (inaction) or whose official was found unlawful, within 10 days from day of receipt of the decision on this complaint to this body, unless otherwise specified in the decision specified.

A customs official who considers a complaint against a decision, action (inaction) of a customs authority or its official on behalf of a customs authority, if there are signs of guilty failure or improper performance by an official of a customs body of the duties assigned to him, takes measures to attract of this official to disciplinary liability in accordance with the established procedure.

It should be noted that the institution of the right of appeal in general and complaints in particular in the administrative activities of customs authorities is a set of rules of law, both material and procedural, implemented in the administrative-jurisdictional process and designed to protect the rights and legitimate interests of physical, legal entities, as well as individual entrepreneurs in customs legal relations. The Institute of Law of Appeal (complaint) in a constructive aspect includes norms of both material and procedural nature. Without procedural requirements, it is impossible to effectively implement the institution of the right of appeal (complaint) in the administrative activities of customs bodies.

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