Сибирское юридическое обозрение (Jun 2024)
Administrative and Procedural Legal Relationships: Essence and Characteristics
Abstract
The article highlights that the distinctive features of administrative and procedural legal relationships encompass not only their underlying causes but also their substance and participants. Considering the content of administrative procedural legal relations, attention should be paid to the nature and essence of the administrative process as a law enforcement activity. One of the unique aspects of administrative procedural legal relationships, as a form of law enforcement in the public domain, is that one of the parties involved will always be an individual vested with not just procedural powers, but also authority over other participants in the administrative process. Consequently, such relationships assume a public and authoritative character, where the dominant participant in administrative and procedural legal relations advocates not merely their personal rights and obligations, but rather the interests of the state and society. It is also noted that the basis of administrative procedural activity as a type of legal activity is the commission of administrative procedural actions, and not procedures, as many procedural scientists assume. In this context, it is worth noting that the foundation of any law enforcement endeavor lies in the execution of legally significant actions, leading to the emergence of legal consequences. At the same time, the procedure cannot be used as the basis of a legal process, since it itself consists of actions. Therefore, dividing the procedure into material and procedural is a mistake. The paper proposes that categorizing proceedings for the preparation, adoption, and publication of normative legal acts as part of the administrative process is contentious. This is because this type of procedure significantly diverges from other administrative proceedings in terms of objectives, stages, and the types of decisions made within its framework. However, it has a procedural nature, but together with the legislative process, it should most likely be combined in the rule-making process rather than be included in the administrative process. The methodological basis of the article is dialectical, formal-logical methods, formallegal method and method of interpretation of law.
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