THE SUBJECTS OF THE PUBLIC ADMINISTRATION: CONCEPT AND GENERAL CHARACTERISTICS

М.С. Рибак

Анотація


Annotation.The article is devoted to clarifying management of activity of subjects of public administration. Stresses the important role of administrative law in regulating a wide range of social relations.The General characteristic and reveals the legal status of subjects of public administration. The solution of this problem is through the prism of regulatory and doctrinal approaches.

Keywords: administrative law, administrative activity, subject of public administration reform, legal status.

 

Statement of the problem. Administrative law regulates a wide range public relations arising in the process of public administration, however, such activity leads to the existence of a large number of subjects that are to perform the tasks assigned to them with different responsibilities, structure and legal properties.

Administrative law granting legal personality to a wide range of participants of public relations of individuals and legal entities, other collective entities, whose position in the field of public administration depends on the nature and volume of their legal status. However, ambiguous approaches to the circle of subjects of public administration in the exercise of powers in the field of public administration, determine the relevance of the present study.

The aim of this article is to clarify the range of subjects of public administration in the exercise of powers in the sphere of public administration.

Presentation of the basic material. As evidenced by our research at the characteristic of legal personality, should not only consider the target category, but also the status of their subjects, natural and legal persons and collective entities that do not have the status of legal persons. In turn, the legal capacity and the capacity of a person recognized by law, such a person has the actual possibility to be the subject of administrative legal relations. The rights and obligations of both natural persons and legal entities in different branches of administration can be varied.

Administrative law gives the subjects of administrative legal relations rights and obligations in the field of public administration. At the same time, regardless of the legal status of the subject, physical and/or legal entity subject to public and/or private law, depending on the sphere of administrative relations, such entities are endowed with subjective rights and duties by legislative consolidation.

The subject of implementation of public authority, act and other public bodies which are not included into system of Executive bodies, in particular, those are the prosecution, the relevant funds and the like. Also, the subjects of administrative relations are collective persons, who are not endowed with legal entity status, as well as a wide range of managers and other officers, on which the relevant normative acts, are responsible for the fulfilment of individual responsibilities in the sphere of administrative relations (the Directors of enterprises of different ownership forms, rectors of educational institutions, chief physicians, and other persons, subjects of public (powerless) powers).

Thus, taking into account the above considerations, we can conclude that the administrative law regulates a wide range of social relations. The list and characteristics of subjects of public administration gives reason to note that public administration in the country is the countless number of entities, their officials and service persons. They are: public authorities (legislative, Executive, judicial); the state bodies which are not included into system of Executive bodies; local authorities; legal entity of public law, which do not have the status of public authority; legal entities and collective entities (social enterprises), which have the status of a legal person, as well as those who do not have the status of legal person; legal persons of private law; natural persons of private law; public entities (powerless) powers.

 Depending on the legal status of subjects of public administration with different types of content and scope of administrative powers, some of them carry out power management functions on the basis of delegated authority, and some of them are not regular participants of administrative legal relations.


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