Jurisdiction is the terms of reference of a specialthe body for the implementation of the assessment of certain facts, the resolution of disputes and the application of sanctions provided for at the legislative level. The main source of public administration is a specific dispute that arises between the parties. These parties (subjects of administrative jurisdiction) require the settlement of the conflict through administrative law. These disputes arise only in cases when one side creates an idea that its interests and rights are violated. Usually in this case, the initiative comes from a party that is affected by the power.
Administrative jurisdiction provides forappropriate production. The basis for its beginning is the appeal of the parties of the arising relations to the authorized body. Administrative and legal disputes are based on individual cases, which are considered in court.
Administrative jurisdiction is aactivities established by legislative provisions. This activity is carried out by authorized bodies and their officials. Administrative jurisdiction provides for the resolution of individual administrative cases and the application of appropriate sanctions.
Legislative norms form the framework foractivities. Administrative and procedural provisions, moreover, serve law enforcement purposes, ensuring a stable order in public administration, protecting public relations of an administrative and legal nature. Thus, the activities of this industry include not only protection, but also the implementation of legal norms.
Administrative jurisdiction has the exclusive right, expressed in the functions of executive bodies, whose activities are carried out not so much in judicial matters as in the administrative framework.
When a holistic examination of the subject is necessarytake into account the unequal distribution of full authority. So, not all executive bodies are absolutely authorized to conduct administrative-jurisdictional activities. As a rule, their functions are related to the implementation of disciplinary authority, the resolution of civil complaints. At the same time, the powers to resolve cases of administrative violations, the application of the impact are not fixed for all entities that have their own administrative-jurisdictional right or jurisdiction.
The subject of the powers in question is considered to be a set of social relations that are formed during the resolution of emerging conflicts.
The method inherent in administrative jurisdiction,is determined in accordance with its subject matter. In this case, the subject is characterized by directly arising relations. The method also characterizes in the given branch the will side inherent in regulative properties.
The method of administrative jurisdiction is characterized by some features. In particular, these attributes include:
- The legal status of the participants.
- The facts that triggered the dispute.
- The nature of duties and rights.
- The protection of the rights of participants - the subjects of the conflict.
This method is based on the analysis andthe study of the main laws and properties of the state's activities in question, the social relations formed within it, and the legal norms that ensure the regulation of these relations.
The administrative-legal method is endowed with a number offeatures. Conflicts that arise are resolved in the appropriate order. At the same time, administrative norms are applied. In addition, the situation can be resolved by the participant himself, the superior. In an extreme case, administrative disputes are resolved in court.</ p>