Subjects of the administrative process: concept and types

Authors

  • P. E. Spiridonov St. Petersburg University of State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters

DOI:

https://doi.org/10.17308/law/1995-5502/2022/2/178-192

Keywords:

administrative process, subjects of the administrative process, administrative-procedural status, administrative procedural legal relationship, administrative procedural legal personality, administrative procedural standing, administrative procedural capacity

Abstract

The purpose of the study is to analyze the essential characteristics of the subjects of the administrative process. The work states that subjects of administrative and procedural legal relations differ from subjects of administrative process in that they are always specifi c, and participation in the settlement of a specifi c administrative case is due to the peculiarities of the administrative case and administrative proceedings. The work concludes that the volume of administrative procedural legal personality is heterogeneous and very often depends on the type of administrative proceedings in which the corresponding type of administrative procedural legal relationship directly arises. Administrative and procedural rights can be determined not only by rights, but also by obligations established by substantive law. It is noted that depending on the peculiarities of the procedural situation of the subjects of the administrative process, they can be divided into: bodies (offi cials) that consider and resolve an administrative case on the merits; Persons in respect of whom an administrative case is pending; persons who contribute to resolving an administrative case on the merits.

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Author Biography

  • P. E. Spiridonov, St. Petersburg University of State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters

    Candidate of Legal Sciences, Associate Professor of the Theory and History of State and Law Department

References

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Published

2022-08-15

Issue

Section

Administrative Law and Proceedings