Administrative legal freedoms and responsibilities of citizens. Administrative and legal status of citizens

Administrative legal status consists of the following elements:

1. This is the legal status of an individual and a person. It includes the following rights: the right to life, the right to personal integrity and inviolability of home, the right to privacy of correspondence and personal life, the right to free movement and choice of place of residence, the obligation to pay established taxes; protect nature; universal conscription.

2. The status of a citizen of the Russian Federation, which includes rights and obligations implemented in private and social activities. These rights are: the right to association; the right to create media; the right to hold rallies, demonstrations, processions and other public events; right to occupation labor activity and choice of profession; the right to participate in state affairs; the right to participate in a referendum.

3. Social status, which includes the rights and responsibilities necessary to engage in a specific activity. In this regard, the status of student, employee, worker, military personnel, etc. is distinguished.

4. Special status includes rights and responsibilities acquired by a citizen at his own discretion, for example, the right to govern vehicle, the right to hunt, etc.

a) a set of rights and obligations of the subject

b) guarantees for the implementation of rights and obligations

Volume of administrative legal status depends on the content of administrative legal personality. Administrative legal personality consists of administrative legal capacity and administrative capacity.

Administrative legal capacity is the ability of a citizen to have certain rights and responsibilities administrative nature. It cannot be transferred or alienated, but can be temporarily limited in judicial procedure. It is acquired at birth and ends with the death of a citizen.

Administrative capacity is the ability to acquire rights and obligations of an administrative nature through one’s actions. There are incomplete, full and limited administrative capacity. A citizen of the Russian Federation has incomplete administrative capacity until he reaches the age of 18. The moment of onset of incomplete administrative capacity is not established by law. Upon reaching 18 years of age, a citizen acquires full administrative capacity. Theoretically, this means that a citizen has all the rights and responsibilities established by law, but in practice there are some exceptions for the exercise of certain rights and responsibilities (for example, for holding the post of President of the Russian Federation).

Administrative capacity can be limited in court if a person abuses alcohol and drugs and puts people close to him in a difficult situation.

Citizen is a priority subject administrative law. For the meaning and content of legislative and executive power is to ensure the rights and freedoms of citizens. Constitutional principle the priority of the rights and freedoms of the citizen is the basis of the public service. The administrative and legal status of a citizen of the Russian Federation is enshrined in the Constitution of the Russian Federation, in the Law “On Citizenship of the Russian Federation” and in other acts of legislation.

The administrative-legal status of a citizen is a set of rights and responsibilities of citizens enshrined in the norms of administrative law, as well as guarantees for the implementation of these rights and responsibilities.

The administrative and legal status of citizens is determined primarily by the volume and nature of their administrative legal personality, which is formed by administrative legal capacity and capacity. Administrative legal capacity is the ability of a citizen to have certain rights provided for by the norms of administrative law and to fulfill the duties assigned to him in the field government controlled. Administrative legal capacity of citizens in the sphere of public administration arises from the moment of birth and ends with their death.

The specific scope of rights, freedoms and responsibilities of citizens in the sphere of governance is determined by a number of circumstances - age, state of health, education, etc. For example, family circumstances may serve as a basis for exemption from military duty.

The Constitution of the Russian Federation proclaims the equality of rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

But this is according to the Constitution. IN real life equality, even if it is most carefully enshrined in the Constitution, cannot exclude a special administrative and legal status. It is known that in Russian society many categories of citizens have legalized differences in administrative and legal status (high-ranking civil servants, heroes of Russia, participants in World War II, etc.). Some, for example, are allowed free travel, others are not.

In other words, equality of administrative legal capacity of citizens of the Russian Federation as general ability to have rights and bear responsibilities does not mean that in reality all citizens possess the entire complex of specific subjective rights and responsibilities provided by law. Everyone has the opportunity to occupy the position of minister, but only a few actually become ministers. However, in such cases we mean rights that are acquired as a result of the exercise of administrative legal capacity, which in itself does not change the principle of its equality for all citizens. These rights are acquired upon reaching a certain age, due to illness, level of education, etc.

The administrative legal capacity of citizens serves as the basis for their administrative capacity, which is a necessary condition implementation of this legal capacity, as well as the subjective rights and obligations of citizens in specific administrative legal relations.

Administrative capacity is the ability of a citizen through his actions to acquire, as well as exercise the rights and obligations provided for by the norms of administrative law, and bear responsibility in accordance with administrative legal norms.

Not all citizens of the Russian Federation have the same administrative capacity. This is largely determined by the peculiarities of managerial relations, in which the acquisition and implementation of relevant rights and responsibilities by one’s personal actions presupposes the presence of a certain level of mental and psychological development, life experience, the ability to be aware of the consequences of one’s actions, etc.

Administrative capacity occurs upon reaching a certain age. Thus, partial administrative capacity for citizens begins at school age (from 7 years old). From the age of 16, citizens can be involved in administrative responsibility(limited legal capacity). Citizens reach full legal capacity upon reaching 18 years of age.

Citizens of Russia, exercising their rights, freedoms and the responsibilities assigned to them in the sphere of governance, enter into administrative - legal relations with government bodies, with officials, as well as with other subjects of administrative law.

Every citizen of the Russian Federation has certain rights and responsibilities in the field of public administration.

All rights of citizens are divided according to the degree of possibility of their implementation into absolute and relative.

Absolute (unconditional) rights are rights that individuals use at their own discretion, and government officials are obliged to create conditions and not interfere with their implementation, to protect them (the right to complain, employment, etc.). Relative rights are rights the implementation of which requires an act of a state body (order of appointment to a position, license to exercise certain activities etc.

In addition, the rights and obligations of citizens in the field of public administration are divided into general and special.

General rights apply to all sectors and areas of government. For example, the right to participate in public administration and the right to appeal against the actions of government bodies and officials violating the rights and freedoms of citizens.

Special rights are the rights of citizens in a particular area or branch or group of branches of management. For example, in the economic sphere, every citizen has the right to freely use his abilities and property for entrepreneurial activity.

Rights of citizens in public administration:

1. The right of citizens to participate in government. According to Art. 32 of the Constitution, citizens of the Russian Federation can participate in government, both directly and through their representatives. This right is reinforced by their right to elect and be elected to bodies state power and organs local government. A citizen can participate in the management of state affairs by exercising the right of access to public service.

2. The right of citizens to associate. The right of citizens of the Russian Federation to associate, including the right to create trade unions to protect their interests, enshrined in Art. 30 of the Constitution of the Russian Federation, which also establishes that freedom of activity of associations is guaranteed. The administrative legal personality of public associations, in particular their relationships with citizens, as well as with state and local government bodies, is detailed in specially published legal acts.

3. The right of citizens to hold meetings, rallies, demonstrations, processions and pickets (Article 31 of the Constitution).

4. The right of citizens to apply personally, as well as to send individual and collective appeals to government bodies and local governments. (Article 33 of the Constitution). The main types of citizens' appeals in modern conditions are proposals, statements and complaints.

5. The right of citizens to freedom and personal integrity. (Article 22 of the Constitution). Arrest, detention and detention are permitted only by court decision. Before court decision a person cannot be detained for more than 48 hours.

Grounds and procedure for applying administrative detention, as well as administrative arrest regulated by legislation on administrative offenses. In some cases it is allowed administrative detention for up to 10 days (which is contrary to the Constitution).

As for personal integrity, the right to it is not covered in cases where a citizen’s behavior is unlawful. Physical violence and other coercive measures may be applied to citizens who have committed offenses in order to suppress the offense, ensure proceedings in the case and ensure compliance with the decision on the application of penalties (use of physical force, personal search, etc.).

6. Inviolability of the home (Article 25 of the Constitution). The inviolability of the home means that no one has the right to enter the home against the will of the persons living in it, except in cases established federal law, or based on a court decision.

7. Right to movement (Article 27 of the Constitution). Everyone who is legally present in the territory of the Russian Federation has the right to move freely, choose their place of stay and residence. The restrictions established by legal acts are related to the regime of the passport system and registration. This can be found in more detail in the Law of the Russian Federation of June 25, 1993. "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.

Persons located on the territory of the Russian Federation can freely travel outside its borders. The procedure for exercising these constitutional rights is regulated by the federal law of July 18, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation.”

8. The right of everyone to freely seek, receive, transmit, produce and disseminate information.

With the exception of information constituting state secret. The list of such information is determined by federal law. The exercise of this right is regulated by the Law of the Russian Federation of December 27, 1991 “On the Mass Media,” as well as by separate Decrees of the President of the Russian Federation aimed at ensuring this right.

You can look at the rights and freedoms of man and citizen in more detail in Chapter No. 2 of the Constitution of the Russian Federation.

Citizens of the Russian Federation, having rights, at the same time fulfill the duties assigned to them by law. The Constitution of the Russian Federation focuses on the equality of not only the rights, but also the responsibilities of citizens.

Administrative legal obligations citizens are divided into absolute and relative.

Absolute - assigned to everyone and does not depend on specific circumstances (for example, compliance with laws, payment of taxes, etc.). Relative - arise from lawful actions aimed at acquiring rights and using them (the obligation of the car owner to pay taxes).

Responsibilities of citizens in public administration:

1. The main responsibility of citizens is to comply with the Constitution of the Russian Federation and laws.

2. Compliance with administrative and legal norms and those based on them legal requirements state authorities and local governments. A prominent place among them is occupied by the rules relating to PLO and public safety, crime fighting.

3. Obligation to pay taxes and fees.

4. Preserve nature and environment, treat natural resources with care.

5. Defend the Fatherland, etc.

The specific scope of citizens’ responsibilities in certain areas is determined by numerous regulations, containing administrative and legal norms on this issue.

Failure of citizens to comply with their duties, evasion of their fulfillment, abuse of their rights entails the possibility of taking measures legal impact(for example, bringing citizens to criminal or administrative liability).

The process of realization by citizens of subjective rights and legal responsibilities, enshrined in the norms of administrative law, presupposes the commission of legal actions. They are divided into legal and illegal.

Lawful actions of citizens can be associated with both their rights and their responsibilities. Lawful actions related to the exercise by citizens of their rights include those aimed at:

Actual use of rights (for example, studying at a university);

Acquisition legal rights(for example, applying for admission to a university);

Protection of violated rights (filing a complaint).

Illegal actions of citizens constitute administrative offenses entailing administrative coercion.

Thus, the rights and responsibilities of citizens in the field of public administration are enshrined in the Constitution of the Russian Federation. The administrative and legal status of citizens is determined primarily by the volume and nature of their administrative legal personality, which is formed by administrative legal capacity and administrative capacity.

Administrative rights of citizens- these are permissions enshrined in regulatory legal acts to perform certain actions, behave within certain limits, demand certain actions from state bodies and their officials to assist in the implementation of the rights of citizens or to refrain from creating obstacles to the implementation of these rights.

Types of rights and responsibilities. Rights and obligations can be classified on different grounds. By connection with the constitutional status, by the degree of possibility of realizing rights and freedoms (absolute and relative), by nature (political, socio-economic, personal).

Based on their relationship to the constitutional status, rights and obligations can be divided into the following groups:

- constitutional(enshrined in the Constitution of the Russian Federation, but their implementation is related to the executive power or is carried out in the field of public administration) - the right to work, rest, education, freedom of movement, choice of place of residence, etc.;

- arising from the Constitution, but directly related to the very essence of executive power (the right to information, to participate in public administration, to public service, to appeal to state bodies, etc.);

Rights provided directly by the norms of administrative law and not directly related with constitutional status (the rights of the person held accountable, the right to change entries in acts civil status and so on.).

Rights can be classified according to other criteria: by industry, by the degree of connection of the executive body in the exercise of citizens' rights (whether the body has or does not have discretion - for example, D.N. Bakhrakh calls rights absolute and relative).

Bakhrakh D.N. identifies six degrees of connectedness of a citizen in the exercise of rights and freedoms:

Absolute freedom;

Freedom associated with the duty of notification;

Freedom associated with the obligation to register;

Freedom, bound by duty get permission;

Limited by the discretionary powers of the authority;

Complete lack of freedom.

Responsibilities citizens under administrative law can be classified on the same grounds.

Basic rights of citizens under administrative law:

- The right of citizens to participate in government(Article 32 of the Constitution of the Russian Federation) - for example, the right to participate in the work of bodies directly and indirectly, through representatives.

Right to hold public events(rallies, demonstrations, street processions) is regulated by the Federal Law of June 19, 2004 “On meetings, rallies, demonstrations, processions and pickets.” Citizens of Russia have this right. The organizer of demonstrations, processions and picketing can be citizens over 18 years of age, rallies and meetings - over 16 years of age. Organizers can also be associations of citizens (groups of citizens, parties, public and religious associations, departments and structural units). In accordance with the principles rule of law basic constitutional rights citizens should be carried out not through permission, but through notification. However, there are a number of requirements for implementation this right. For example, when carrying out events, compliance must be observed public order. A written notification is submitted to the executive authority of a constituent entity of the Russian Federation or local government no earlier than 15 and no later than 10 days before the day of the public event. At the request of government officials, a public event may be prohibited:

If an application (notification) about its implementation has not been submitted;

If the order of its implementation is violated;

If there is a danger to the life and health of citizens;

If public order is disturbed.

The right of citizens to freedom and personal security enshrined in Art. 22 of the Constitution of the Russian Federation. This right may be limited in relation to persons who have committed an offence. Before a court decision, a citizen can be detained for up to 48 hours. In accordance with the resolution Constitutional Court RF dated February 17, 1998, this provision also applies to administrative detention. The use of administrative coercive measures is regulated in detail in the Code of Administrative Offenses of the Russian Federation, because restriction of the rights of citizens in accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation can be implemented by federal law.

Right to freedom of movement and freedom to choose place of residence enshrines Art. 27 of the Constitution of the Russian Federation (instead of registration in the Russian Federation, the institution of registration at the place of residence or stay was introduced).

Right everyone for reimbursement state harm caused illegal actions(inaction) of public authorities and their officials is provided for in Art. 53 of the Constitution of the Russian Federation.

Art. 16 of the Civil Code of the Russian Federation contains general provisions on the property liability of public entities.

Legal acts do not identify the legal status of a person and a citizen of the Russian Federation, since a citizen has a large amount of rights and responsibilities due to being a citizen of the Russian Federation.

Under administrative legal capacity of a citizen refers to the possibility recognized by law to be a subject of administrative law, to have rights and obligations of an administrative legal nature. It arises from the moment a citizen is born and ends with his death.

Cannot be alienated or transferred. Its scope is changed only by law: it can be temporarily limited in cases and in the manner determined by law, for example in connection with the commission of a criminal or administrative offense, for which the law provides sanctions in the form of imprisonment, deprivation of special rights and other legal restrictions.

Administrative legal capacity of citizens serves as the basis for their administrative capacity, which is a necessary condition for the implementation of this legal capacity.

Administrative capacity of a citizen- the ability recognized for him by his personal actions: to acquire rights and obligations of an administrative and legal nature; implement them. The moment of its occurrence is uniform and not clearly defined by law. IN in full it arises when a citizen reaches the age of 18, limited - from 16 years, partial - from 7 years.

Rights and responsibilities of citizens in the field of public administration

Unlawful actions are administrative offenses.

Administrative and legal guarantees of citizens' rights

The original and universal guarantor can only be the law. Any government structures and officials are required to act within the framework of the law, and only within this framework can they be endowed with the qualities of organizational and legal guarantors.

The law can perform the function of a guarantor if a number of conditions are met: it must be adequate to the economic and political situation in the country and at the same time sufficiently stable; meet the high level of legal technology; contain specific norms and mechanisms for their implementation; determine the circle of bodies and officials who are responsible for creating conditions for the realization of rights and freedoms, take measures to ensure their unconditional provision, and also provide for the responsibility of bodies and officials for infringement of rights.

At the same time, laws should not be issued that restrict human rights; restriction of rights is possible only under certain circumstances or must be provided for by law; there is a list of rights and freedoms that are not subject to limitation; any acts affecting human rights and obligations cannot be applied without official publication.

Organizational and legal guarantees can be divided into two types: judicial and extrajudicial (administrative).

Judicial guarantees are implemented by courts in the process of administering justice. The procedure for considering cases arising from administrative-legal relations is established by the legislation on civil proceedings.

Administrative guarantees are implemented out of court. Within the established competence, officials are obliged to consider issues of ensuring administrative and legal guarantees of the rights of citizens and take measures for their implementation.

Main types of citizen appeals:

• proposal - drawing attention to the imperfections of the organization, activities or regulation in a particular area or indicating a way to eliminate them;
• applications - an appeal from a citizen regarding the exercise of a right or legitimate interest not related to its violation;
• complaint - an appeal to government or other official bodies regarding a violation of a citizen’s right or legitimate interest.

Administrative and legal status of foreign citizens and stateless persons

Administrative capacity foreign citizens and stateless persons already have the legal capacity of citizens, since some rights are inextricably linked with the state of citizenship. Thus, foreign citizens and stateless persons:

• do not have access to the civil service and some positions, as well as to activities related to state secrets;
• are not subject to military service;
• don't use voting rights;
• reside and carry out their activities on the basis of special documents;
• enjoy immunity from administrative jurisdiction RF in the event that they have diplomatic privileges.

In addition, foreign citizens and stateless persons are subject to a special regime of movement, entry and exit, and they may be limited in their choice of place of residence. Only they can be held accountable for a number of offenses, and only administrative penalties such as deportation can be applied to them.

The administrative-legal status of a person and a citizen is a complex of rights and responsibilities of an individual in administrative-legal relations. Such relationships arise between a person and a citizen when interacting with other subjects of administrative law: the State Duma and Local Self-Government, state and non-state organizations, enterprises, institutions, public associations, officials of all these bodies and organizations, courts.

The administrative and legal status of a person and a citizen is integral part the general legal status of the individual and is regulated by the norms of const and administrative law. Many rights and responsibilities of a person and a citizen in administrative-legal relations are derived from their constitutional rights and responsibilities and find concrete expression in laws and by-laws of administrative legal acts, in acts of local self-government bodies. Other rights and obligations are not regulated by constitutional norms, but, in accordance with the spirit of the CRF, the general constitutional concept of the position of the individual in Russia, are established by other legal acts.

In this regard, the content of the administrative-legal status, in addition to the rights and responsibilities of the individual, includes guarantees of compliance with these rights and the implementation of responsibilities, a mechanism for their protection and protection by state authorities and local self-government.

The administrative and legal status of an individual is determined, first of all, by the volume and nature of its adm-th legal personality , which is formed by administrative legal capacity and administrative capacity.

Administrative legal capacity- this is the recognized opportunity for an individual to be the subject of an administrative law, the ability to have rights and responsibilities of an administrative and legal nature. Basic rights and freedoms of a person belong to him from birth, but a person can acquire a number of rights, especially in the field of management, later. At the same time, some rights are terminated even before his death.

The administrative legal capacity of an individual cannot be alienated or transferred; its volume and content are determined and changed with the help of administrative norms.

Administrative legal capacity serves as the basis for the administrative legal capacity of an individual, which is a condition for the implementation of legal capacity, subjective rights and responsibilities of a person and citizen in specific administrative-legal relations.

Administrative capacity- this is the ability of a person, through his personal actions, to exercise rights, perform duties provided for by administrative legal norms, and bear responsibility in accordance with these norms.

In accordance with the Code of the Russian Federation, a citizen can independently exercise in full his rights and obligations from the age of 18 (Article 60), and certain rights in the administrative and legal sphere - at an earlier age. For example, much earlier than at the age of 18, a person can exercise his right to education; from the age of 16, responsibility for committing adm-x offenses.  

The main feature of citizens as participants in administrative legal relations is that they act as private individuals, i.e. exercise their personal civil rights and obligations in the field of information technology, and not the rights of state or non-state organizations or their officials.

Rights of citizens in the sphere of public administration can be classified on various grounds.

Depending on the mechanism for their implementation on:

absolute- rights that individuals use at their own discretion, and government officials are obliged to create conditions and not interfere with their implementation, but on the contrary, to protect, for example, the right to rest, the right to work, etc.;

relative- rights, the implementation of which requires an act of a state body, for example, an order of appointment to a position, a license to carry out entrepreneurial activities, etc.

Depending on the circle of persons who are granted rights and the grounds for their occurrence on:

common rights citizens, which apply to all sectors and areas of management, for example, the right to appeal actions state bodies officials;

special rights - these are the rights of citizens in a particular sphere or branch of management, for example, in the economic sphere - every citizen has the right to carry out entrepreneurial activities.

1. the right to participate in public administration. These include, for example, the right to civil service, right to receive necessary documents, suppression illegal actions from other citizens, etc.;

2. the right to government participation, assistance, and assistance from competent organizations. These include the right to receive organizational, technical, sanitary and epidemiological, medical care and etc.;

3. right to protection u. The main forms of exercising the right to defense are: administrative complaint, defense in administrative proceedings, the right to assistance from non-state organizations.

The basic rights of citizens in the administrative sphere are enshrined in the Russian Federation.

The right of citizens to participate in the management of the state, both directly and through their representatives (Article 32 of the CRF). It is supported by their right to elect and be elected to government bodies and local self-government bodies.

The right of citizens to associate, including the right to create trade unions to protect their interests (Article 30 of the CRF).

The right of citizens to hold meetings, rallies, demonstrations, processions and picketing (Article 31 of the Russian Federation).

The right of citizens to apply personally, as well as to send individual and collective appeals to government bodies and local self-government bodies (Article 33 of the CRF).

And a number of other rights.

Having rights, citizens of the Russian Federation at the same time fulfill the duties assigned to them by the Russian Federation.

Administrative and legal responsibilities citizens of the Russian Federation are divided into two types:

1. absolute- are assigned to everyone and do not depend on specific circumstances (for example, compliance with laws, payment of established taxes, etc.);

2. relative- arise from lawful actions aimed at acquiring rights and using them (the obligation of the car owner to pay taxes that go to road funds, etc.).

The responsibilities of citizens of the Russian Federation as subjects of the Administrative Offenses are as follows (all responsibilities of citizens are enshrined in the Russian Federation):

pay legally established taxes and fees (Article 57 of the CRF);

preserve nature and the environment, treat natural resources with care (Article 58 of the Code of the Russian Federation);

defend the Fatherland (Article 59 of the Russian Federation);

don't study economic activity aimed at monopolization and unfair competition (Article 34 of the CRF);

comply with the Constitution and laws of the Russian Federation (Article 15 of the Russian Federation).

The most important responsibility of citizens as subjects of administrative regulations is their compliance with administrative and legal norms and the legal requirements of the State Duma and Local Government and their officials based on them.

Failure by citizens to fulfill their responsibilities in the sphere of public administration entails the use of various measures of influence, including administrative and legal means. In this case, if there are sufficient grounds for this, citizens may be brought to administrative, disciplinary, financial and criminal liability.