Introduction Practical psychology is one of the "youngest" specialties that actively entered our reality in the wake of the humanization of public life at the end of the 20th century. In today's Russia, it has become an integral feature of modernity. If professions

5.7. Organizational and legal forms and legal regime entrepreneurial activity Business law is a branch of Russian law, which is a set of legal norms governing business relations and closely related to them

The Big Brother of Small Business One day, a friend of mine decided to make money. What he just did not do for this. He threw himself into various adventures until he used up his entire cash reserve. After that, he decided to get a job. And where he just did not work after that.

The Code of Administrative Offenses most fully regulates administrative and jurisdictional activities carried out both extrajudicially and in court by the norms of substantive and procedural law.

The tasks of production are defined: timely, comprehensive, complete and objective clarification of the circumstances of each case; its resolution in strict accordance with the law, ensuring the execution of the decision; clarification of the causes and conditions conducive to the commission of administrative offenses; crime prevention; education of citizens in the spirit of observance of laws, strengthening the rule of law (Art. 225).

Circumstances that exclude proceedings in cases of administrative offenses are also determined. Proceedings on the case cannot be started, and the initiated proceedings are subject to termination if: there is no event and composition of an administrative offense; issuance of an amnesty act, if it eliminates the application of an administrative penalty; cancellation of the act establishing administrative responsibility; expiration by the time of consideration of the case of an administrative offense of the period established by law for imposing administrative penalties (and it can, as a rule, be imposed no later than two months from the date of the offense). These circumstances apply to both individuals and legal entities. In addition, circumstances have been established that exclude proceedings in respect of only natural persons. This is a person's failure to reach the age of 16 at the time of committing an administrative offense; insanity of a person who has committed an unlawful act or omission; an act of a person in a state of emergency or necessary defense; the presence on the same fact in relation to the person brought to administrative responsibility of a decision of the competent body (official) on the imposition of an administrative penalty, as well as the existence of a criminal case on this invoice; death of the person in respect of whom the proceedings have been initiated.

If during the consideration of the case it turns out that the administrative offense contains signs of a crime, the materials are transferred by the body (official) considering the case to the prosecutor, the body of preliminary investigation or inquiry.

It was also established that the proceedings are carried out on the basis of the legislation in force at the time the administrative offense was committed and at the place of its commission (in cases of transport offenses - at the place of registration of vehicles).

Proceedings are conducted in the state language of the Russian Federation or in the state language of the constituent entity of the Russian Federation on whose territory the body (official) authorized to consider the case is located. A person who does not speak the language in which the proceedings are conducted is provided with the right to speak in his native (or other) language, as well as to use the services of an interpreter.

Consideration of cases of administrative offenses is carried out on the basis of equality before the law and the body considering the case, of all citizens, regardless of social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation, etc.

Cases of administrative offenses are considered openly. If necessary, they can be considered directly at the place of work, study or residence of the offender.

Supervision over the exact and uniform execution of laws in proceedings on cases of administrative offenses is carried out by the prosecution authorities.

The prosecutor shall be notified of the place and time of the consideration of a case on an administrative offense committed by a minor, as well as on an offense entailing the application of administrative arrest.

Cases of administrative offenses are considered, as a rule, within fifteen days from the date of receipt by the body (official) authorized to consider the case, the necessary materials (in particular, a protocol on violation). Some cases are dealt with in a shorter time frame. So, cases of petty hooliganism should be considered within 24 hours, etc.

are of great procedural importance. evidence, those. any factual data on the basis of which the bodies (officials) establish the presence or absence of an administrative offense, the guilt of this person and other circumstances that are important for the correct resolution of the case. These data are established by a protocol on an administrative offense, explanations of persons brought to administrative responsibility, testimonies of victims, witnesses, expert opinions, other documents, material evidence, protocols on the seizure of things and documents, etc. At the same time, objects that were the instrument or direct object of an administrative offense or that retained its traces act as material evidence.

Evaluation of evidence is carried out by the body (official) conducting administrative proceedings, according to its inner conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have a predetermined force.

In order to ensure the timely and correct consideration of cases, as well as the execution of decisions adopted on them, the legislation provides for the possibility of applying measures of procedural support of production. By their legal nature, they represent a variety of administrative preventive and administrative preventive measures. This is the administrative detention of a person, his delivery (forcible escort) in order to draw up a protocol on an administrative offense, personal search of things, vehicles, seizure of things and documents, suspension from driving vehicles and a medical examination for intoxication, detention of vehicles.

Everything said measures documented in the relevant protocols. The Code of Administrative Offenses defines the powers of officials who apply these measures (for example, officials of the police, control and supervisory authorities, etc.). Personal searches, searches of things, vehicles are carried out in order to detect instruments for committing an administrative offense or its direct object. These measures, as well as the seizure of documents and things belonging to individuals and legal entities, are carried out in the presence of attesting witnesses.

Of particular note is such a measure of ensuring production as administrative detention of an individual, because it is a short-term restriction of his freedom. This measure is applied in exceptional cases by the internal affairs bodies, the border service, officials of the paramilitary guards and the military automobile inspection. Its application is carried out in order to suppress an administrative offense when other measures of influence have been exhausted; identification of the offender; drawing up a protocol on an administrative offense, if it is mandatory.

Administrative detention can last no more than three hours.

In case of violation of the border regime, persons may be detained for up to three days with a notification to the prosecutor or for a period up to ten days with the sanction of the prosecutor.

Measures to ensure administrative proceedings may be appealed by interested parties to a higher body (higher official), prosecutor or court. The complaint shall be considered within five days.

Bodies (officials) authorized to consider cases of administrative responsibility. These are bodies of administrative jurisdiction that do not coincide with common system executive bodies. Their competence is therefore of a special nature. Among them:

a) people's courts (magistrates). The jurisdiction of the judge includes the consideration and resolution of cases of the most serious administrative offenses. These are, for example, cases: on obstruction of citizens' exercise of the right to vote (Article 40 1); illegal acquisition or storage of narcotic drugs in small amounts or their consumption without a doctor's prescription (Article 44); petty theft (art. 49); illegal issuance of a license (art. 56 1); manufacture and use of radio transmitting devices without permission (art. 137); violation of the rules of trade (art. 146); petty hooliganism (art. 158); malicious disobedience to a lawful order or demand of a police officer (Article 165), etc. Cases are considered, as a rule, individually;

b) administrative commissions of district, city executive bodies of the local self-government system. They consider all categories of cases on administrative offenses in a collegial manner, except for those referred to the jurisdiction of other bodies (officials);

c) commissions for the protection of the rights of minors consider cases of offenses committed by persons aged 16 to 18;

d) internal affairs bodies (police), as well as other executive bodies exercising control and supervision functions and powers in various fields of activity (for example, fire supervision authorities, customs authorities, transport inspections, antimonopoly authorities, sanitary and veterinary supervision authorities, border control authorities services, etc.). Their competence is defined by Art. 203-224 of the Code of Administrative Offenses.

In practice, on behalf of these bodies, officials act who consider cases of administrative offenses and impose administrative penalties (inspectors, controllers, auditors, etc.).

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Kozlov Yu.M
K59 Administrative Law: Textbook. – M.: Jurist, 1999.–320s. ISBN 5-7975-0197-X (in trans.) The textbook is written in accordance with the federal component of the state

What governs administrative law?
The stated positions lead to a purely legal analysis of legal regulation in the field of practical implementation of executive power. As already noted, there is

Management relations
Administrative law regulates, thus, quite diverse, but the same type of relations, managerial in nature. Among them: a) relationships, within the framework of

Functions of administrative law
Within the boundaries of its subject, administrative law, like other branches of Russian law, performs a regulatory function. Its content is the creation of a certain

Administrative legal personality
Administrative legal personality implies such qualities of individuals and legal entities that, in accordance with applicable law, give them the right to be participants (parties)

Administrative law in the legal system
Administrative law closely interacts with other branches of Russian law. One of its features is that administrative law, firstly, to a large extent

Concept and types
As already emphasized, often the branches of the current Russian law coincide in their main manifestations, i.e. on the subject of legal regulation. For example, it is clearly visible

Features of the method of administrative law
Administrative law practically uses all methods of legal regulation. At the same time, the determining influence on the choice of certain means of legal influence on management

The concept and features of administrative and legal norms
The rules of law in their legal content are certain rules state-mandated behavior. Compliance is guaranteed various means T

Types of administrative and legal norms
The norms of administrative law are divided into a number of groups depending on their regulatory focus and legal content. The following classification is proposed.

Implementation of administrative and legal norms
Implementation is understood as the practical use of norms in accordance with the goals of administrative and legal regulation of managerial social relations. There are two main

They are understood as external forms of expression of administrative and legal norms. These are normative acts of different legal force. The most significant role is

Features of administrative and legal relations
Any public relations are transformed under the regulatory influence of the relevant rules of law, i.e. acquire legal form legal relations. Hundred

Types of administrative-legal relations
Of course, social relations regulated by administrative and legal norms are different in nature. And the inherent element of legal authority is expressed in different ways. Etc

Basics of the administrative and legal status of a citizen
Analysis of the administrative legal personality of various participants in public relations emerging in the field of implementation executive power, with due justification begins

Rights and Obligations of Citizens in the Sphere of Implementation of Executive Power
It should be borne in mind that the rights and freedoms of citizens are either directly implemented in the field of activity of the subjects of executive power, or are organically linked with practical activities.

Guarantees of Citizens' Rights in the Sphere of Implementation of Executive Power
Guarantees of legal rights, obligations and legitimate interests of citizens are understood as the conditions and means that ensure their actual implementation and reliable protection (protection)

Right of Complaint
Special attention deserves the question of the means of protecting their rights and legitimate interests violated by executive bodies (officials), which, in accordance with de

Features of the administrative and legal status of foreigners
Foreign citizens and stateless persons on the territory of the Russian Federation enjoy the rights and bear obligations on an equal basis with citizens of the Russian Federation, except in cases established by federal law or

The concept of an executive authority
Executive authorities are the main subject of the implementation of this branch of government. Without it, the practical implementation of state-administrative activities is impossible.

Principles of organization and activities of executive authorities
Principles are the most important political, legal and organizational and legal foundations for the organization and activities of executive authorities. 1. Federalism is

Types of executive authorities
Executive authorities differ in the content and specific focus of their activities. They can be subdivided into the following species groups. 1. By terry

President of the Russian Federation and executive power
Under the Constitution of the Russian Federation of 1993, the President is not the head of the executive branch, as he was under the earlier Constitution. As head of state, he is endowed with

The system of federal executive authorities
At the federal level, the system of executive authorities is currently represented by the following links: the Government of the Russian Federation; federal ministries; state committees

Executive authorities of the subjects of the Russian Federation
In accordance with the principle of federalism, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form single system executive power in the Russian Federation (part 2

Territorial authorities
Article 78 of the Constitution of the Russian Federation enshrines the right of federal executive bodies to create territorial bodies to exercise their powers and appoint appropriate

The concept of public service and its types
In the Soviet state for the entire time of its existence, there was practically no legislation specifically devoted to public service. It has become widespread

public office
The concept of public service is closely related to the concept of "public office". It is defined by the legislator as a position in state bodies

Principles of public service
They are derived from the equal access of citizens of the Russian Federation to public service enshrined in the Constitution of the Russian Federation (part 4 of article 32). In Art. 5 of the Federal Law on Public Service gives

State employee; basics of status
The information already available on the public service brings us to the characteristics of persons who fill the relevant public positions in the civil service, i.e. actually

Types of civil servants. Officials
First of all, it is necessary to recall the initial positions, which have already been discussed. This refers to civil servants: a) federal government agencies; b) th

State-service relations
public service is embodied in relations between the state represented by its authorized bodies and a citizen of the Russian Federation who wants to exercise his constitutional right to work in the state

Entering the civil service
Citizens of the Russian Federation who are at least 18 years old, who speak the state language, who have professional education. Any

Termination of public-service relations
Public service is terminated upon dismissal of an employee, including in connection with his retirement. The general grounds for the dismissal of employees are provided for by the labor

State organizations
In the field of public administration, there are many state and state organizations that are different in their purpose and administrative and legal status. Their pr

State organizations
First of all, it must be emphasized that this refers to the form of ownership characteristic of such organizations. They are established by the state, which owns the right to

Non-governmental organizations
This is a fairly diverse group of organizations, among which, first of all, we should name public associations, other types of commercial and non-profit organizations, private

Forms of management
In the general scientific understanding, form means an external expression of the content of a certain phenomenon or certain actions. So, the learning process - the content of the activity can be

Types of control forms
Taking into account the variety of forms of management, their specific types can be distinguished. In practice, the choice of forms of management depends on many circumstances. For example, much depends on

The concept and legal significance of management acts
The publication of legal acts is a specific and basic form for the activities of the subjects of executive power. Their role is determined by the fact that with their help they are directly implemented

Types of legal acts of management
According to their legal properties, the types of legal acts of management have already been identified. These are normative and individual acts. This subdivision is their main one. norm

Requirements for legal acts of management
The most important condition for the operation of legal acts of management is their compliance with the established requirements for their legal content and the procedure for their publication. In basics

Validity of legal acts of management
Legal acts of management cause corresponding legal consequences when they act. What gives grounds for recognizing this act as valid? Legal

Management methods
A method is a method, a method of practical activity. Since we are talking about state-administrative activity, the question of the methods and methods of its implementation is natural.

Types of management methods
The methods used in the process of exercising executive power are varied. But they are based on two universal methods any state or public work - persuasion

The essence and types of administrative coercion
Among the administrative-legal methods were mentioned, in particular, the means of coercive nature, with the help of which the executive bodies (officials), if necessary,

The essence of administrative responsibility
Administrative responsibility is expressed in the application of authorized government agency(official) provided for by the current norms of administrative law to

Basis for administrative responsibility
The main thing in the characterization of administrative responsibility is its legal basis, which gives it a set of specific qualities. It is, as already noted, the offender

Object and objective side of the offense
The object of an administrative offense is what it encroaches on, what social relations it violates. General object determined by Art. 1 and 10 of the Code of Administrative Offenses. The main conclusion from its content

Subject and subjective side of the offense
The subject is a natural or legal person who has committed an administrative offense. In addition, special subjects are distinguished - officials, military personnel, foreign

Purposes of administrative penalties
next element general characteristics administrative liability are administrative penalties. They are a measure of responsibility for the committed administrative

Types of administrative penalties
The system of administrative penalties is defined in Art. 24 of the Code of Administrative Offenses: warning; administrative penalty; paid seizure of an item; confiscation of the object that was the instrument of committing

Rules for imposing administrative penalties
Means to ensure legality in the imposition of such penalties are important. In this sense, first of all, it is necessary to characterize the conditions that exclude administrative from

The concept and types of administrative process
Executive power is practically realized in various kinds of actions of executive bodies (officials), the legal content of which is the application of the norms of the mother

Administrative jurisdiction
Jurisdictional proceedings are a practical manifestation of administrative jurisdiction. Administrative jurisdiction manifests itself (as well as judicial jurisdiction) in considering and resolving

Production for the preparation of legal acts of management
This is the most important type of procedural activity of an organizational and procedural nature. It is carried out in the interests of the effective work of executive authorities on the application

Licensing and Permitting Production
Certain types of activities are carried out by individuals and legal entities on the basis of a special permit - a license. License - permission (right) to carry out

Registration proceedings
Registration is an act of official recognition of the legality of certain actions. Thus, the justice authorities carry out the state registration of normative acts of the executive authorities.

Complaint proceedings
Complaints are always associated with the submission of the complainant that his rights or legitimate interests have been violated or infringed by actions or legal acts officials of executive bodies

Disciplinary Proceedings
Its essence lies in its application to persons who have committed an offense in the form of a disciplinary offense, provided for by the rules of law. disciplinary actions. With respect to the state

Production participants
Among them, the Code of Administrative Offenses includes: persons in respect of whom the proceedings are being conducted; victims (if any); legal representatives; a lawyer; witnesses; experts; translator

Production stages
Proceedings in cases of administrative offenses consist of: initiation of a case; its consideration and resolution; appeal or protest against the decision on the case; Spanish

Enforcement proceedings
Execution of the decision adopted in the case of an administrative offense is also one of the stages of jurisdictional proceedings. It stands out for its specific legal

The value of legality for the process of exercising executive power
The constitutional principle of legality (art. 15) has special meaning for state-administrative activity, in the process of which the executive power is realized. This is the definition

The concept of ways to ensure the rule of law and their types
The operation of the principle of legality in the sphere of public administration is ensured by a system of organizational and legal means. The totality of such funds, different in

Legislative control
Parliamentary control as a legal institution in the Russian Federation is not provided for by the Constitution of the Russian Federation. Nevertheless, by virtue of its primacy, the legislature has the opportunity to significantly

Control powers of the President of the Russian Federation
The President of the Russian Federation, as the head of state, is endowed by the Constitution of the Russian Federation with significant control powers in the sphere of executive power. Their implementation is associated with the decision

Control of executive authorities
Control, being one of the main functions of management, is manifested in various forms in the process of exercising executive power by its subjects. At the same time, especially

Features of administrative supervision
When characterizing the system of federal executive bodies, their special link was singled out, operating under the general name “federal supervision”. However, this

Judicial and prosecutorial supervision
At present, the role of the judiciary in ensuring the rule of law in the field of executive power has significantly increased, which strengthens the guarantees of strict executive discipline.

Constitutional Court of the Russian Federation
Its tasks include: resolving cases on the compliance of the Constitution of the Russian Federation with the normative acts of the Government, the same acts of the executive authorities of the subjects of the Russian Federation (on issues referred to

Courts of general jurisdiction
In accordance with federal law"ABOUT judicial system Russian Federation” dated December 31, 1996 (SZ RF. 1997. No. 1. Art. 1) it consists of traditionally existing courts of general jurisdiction

Arbitration courts
The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes (Article 127 of the Constitution of the Russian Federation). The legal foundations of this type of justice are contained in the Federal

General supervision of the prosecutor's office
In accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" dated November 17, 1995 (SZ RF, 1995. No. 47. Art. 4472), the prosecution authorities carry out: a) supervision of

Features and forms of non-industry management
Let's illustrate on concrete examples features of the executive bodies of industry-wide competence. Let us note at the same time that most often in the educational literature they unconditionally allocate

Industrial Complex Management
Industry management bodies

All executive authorities in various forms exercise their control and supervisory functions and powers in the field of industrial complex management. At the same time

Management of the agro-industrial complex
The agro-industrial complex (AIC) is designed to provide the consumer market with food and raw materials for industrial production. As a branch of the economy, it includes manufacturing

Organization of agricultural management
The most complete picture of the mechanism of state management of the agro-industrial complex in modern conditions can be obtained on the basis of an analysis of the administrative and legal

State control and supervision
A number of specialized control and supervisory bodies operate in the agro-industrial complex. State Grain Inspectorate under the Government of the Russian Federation (Rosgoskhlebinspektsiya) -

Management of the transport and road complex and communications
Transport playing essential role in meeting the needs of the country in transportation, the sectoral system of public administration, as well as the population, currently includes:

Organization of railway transport management
The federal law "On federal railway transport" dated August 25, 1995 characterizes it as the basis of the transport system of the Russian Federation, one of the modes of transport in general.

Organization of management of sea, river and road transport
In this area, the Ministry of Transport of the Russian Federation (Mintrans of Russia) operates - a federal executive body that conducts state policy and implements state

Organization of air transport management
Executive, control, licensing, regulatory functions in civil aviation and for the organization of air traffic are assigned to the Federal Aviation Service of Russia

Organization of road management
The road economy is closely connected with the functioning of many modes of transport. Because of this, its management was previously within the competence of the Ministry of Transport of Russia. According to Uka

Communication management organization
The central link in the public administration system in this area is the State Committee of the Russian Federation for Communications and Informatization. He builds his activity, guided by

State control and supervision
In the field of transport and communications, there are special control and supervision services or units. Thus, the Department of Russian Transport was formed as part of the Ministry of Transport of Russia

Organization of construction and housing management
The federal executive body in this area is the State Committee of the Russian Federation for Construction, Architecture and Housing Policy (Gosstroy of Russia). Er

State control and supervision
A special body exercising state control in housing and communal services is the State Housing Inspectorate. It consists of the Main State

Organization of environmental management
Management functions in the field of use are now highlighted natural resources, i.e. their exploitation in order to achieve certain economic results (extraction, processing

Organization of management in the field of protection of natural resources
A special body designed to ensure the protection of natural resources is the State Committee of the Russian Federation for the Protection environment(Goscomecology of Russia). State

State control and supervision
The basic concepts used in this aspect are as follows. State environmental control– monitoring the state of the natural environment and its changes under the influence

Organization of financial management
The Ministry of Finance of the Russian Federation (Minfin of Russia) is a federal executive body that ensures the implementation of a unified financial, budgetary, tax and currency policy in the Russian Federation,

Organization of credit business
Banks are credit institutions that have the exclusive right to attract deposits, open accounts for individuals and legal entities, and place these funds in various areas.

Organization of tax affairs
Taxes are the main source of formation of the revenue side of the budget, which is why the organization of the tax business is given significant regulatory and legal attention. In this area there are:

State control and supervision
In the field of public administration of finance and credit, state financial control over the formation of public revenues and their rational use is of paramount importance.

Trade management
Trade is the main commodity distribution channel, most affected by the transition to market relations. The public sector has been practically supplanted by various

Organization of trade management
The Ministry of Trade of the Russian Federation (Ministry of Trade of Russia) is a federal executive body that conducts state policy in the field of trade and Catering aimed at satisfying

State control and supervision
State control over compliance with the norms and rules of trade and public catering, the order and discipline of prices, the quality and safety of consumer goods in the organization

Education management
Education system - general (primary, secondary schools, gymnasiums, lyceums), primary vocational (schools, etc.), secondary specialized (technical schools, colleges, etc.) and higher

Educational institutions
All of them carry out educational process in its various forms (full-time, evening, correspondence, external study), guided by the standard provisions approved by the Government of the Russian Federation. So,

Science Management
Scientific activity is manifested in various organizational forms: fundamental, departmental, university. Its state regulation is carried out on the basis of the Federal

Scientific organizations
A scientific organization is a legal entity, regardless of its organizational and legal form and form of ownership, as well as a public association of scientific workers, acting as

Cultural Administration
Management in the field of culture involves state regulation in the field of conservation, creation, distribution and development of cultural values, legal support cultures

Office of Labor and Social Development
The Ministry of Labor and Social Development of the Russian Federation (Ministry of Labor of Russia) is a federal executive body tasked with pursuing state policy and implementing

health management
Protection of people's health is the sphere of state-administrative activity in this area. The Ministry of Health of the Russian Federation (Ministry of Health of Russia) is conducting a state

Sanitary and epidemiological supervision
In the healthcare sector, there is a special supervisory service, represented by the Department of State Sanitary and Epidemiological Surveillance of the Ministry of Health of Russia. Basics

Defense Department
In this area, relations related primarily to ensuring military measures to protect the state, its territory and sovereignty, as well as the population from a possible armed attack

Military service
Defense of the Fatherland is the duty and obligation of a citizen of the Russian Federation (Article 59 of the Constitution of the Russian Federation). Citizens carry out military service in accordance with the Federal Law "On Military Obligation"

Military service in reserve
Military personnel are enrolled in the reserve upon completion of service and reaching the maximum age of service (for officers). If they are declared unfit for military service by

Security Management
Ensuring the protection of the vital interests of the individual, his rights and freedoms, the material and spiritual values ​​of society, as well as the constitutional order, sovereignty and territory

State border of the Russian Federation and its protection
The state border is a line and a vertical surface passing along this line, defining the limits of the state territory (land, water, subsoil, airspace)

Internal affairs management
Internal affairs in the modern sense are a system of measures aimed at ensuring public order and public safety in order to protect the rights and freedoms of

Department of Justice
public policy in the field of justice is provided by the Ministry of Justice of the Russian Federation (Ministry of Justice of Russia). The Ministry of Justice is called upon to legally ensure the rule-making activities of the

Office of Foreign Affairs
In this area, the federal executive body is the Ministry of Foreign Affairs of the Russian Federation (MFA of Russia). It is subordinated directly to the President of the Russian Federation, determines

Decree of the President of the Russian Federation of May 25, 1999
"On the structure of federal executive bodies" (Rossiyskaya gazeta. 1999. May 29; SZ RF. 1999. No. 22. Art. 2727) Presentation

Government of the Russian Federation
II. Federal ministries: by atomic energy; internal affairs; state property; for civil defence, emergencies and elimination of consequences