Fundamentals of the Constitutional and Administrative law

Fundamentals of the Constitutional and Administrative law

1. Subject of administrative law are the legal relationship arising at: - organizations of executive administrative organs; - administrative activity of executive authorities; - administrative and jurisdictional activity; - realization of the administrative power by judges; - state and administrative activity; - administrative activity of local governments. Methods of administrative law express imperative will of executive authorities and some other bodies of the state, by means of a choice, ways of legal regulation (the instruction, prohibition, the permission).

Sources of administrative law : The constitution of the Republic of Kazakhstan, the code of the Republic of Kazakhstan about administrative offenses (Administrative Code), the constitutional laws, decrees of the President of the Republic of Kazakhstan, subordinate regulations. Subjects of administrative law are owners of the rights and duties with whom they are allocated for the purpose of realization of the powers assigned to them by administrative law. One of the parties is the executive authority, and with another citizens of RK, government bodies, public and religious associations, legal entities.

The administrative contract is a legal form of administrative legal relationship. To be administrative, it has to: - to mediate horizontal administrative legal relationship; - to assume state body as the obligatory subject; - to realize executive and administrative functions of state bodies; - to represent the agreement of the parties directed on achievement of the result provided by the precept of law defining competence of governing body; - to act as the legal fact owing to which arises, administrative legal relationship changes or stops.

Administrative precepts of law share: - in a regulation subject material and procedural; - according to the legal contents obliging, forbidding and authorizing. - on action in time urgent and termless; - across the territory of action republican and local. - in an expression form written, oral and concluding. The concluding act — it the actions of the person expressing his will, but not in the form of written or oral will, and in behavior or other form in which it is possible to make the conclusion about such intention. Concluding acts of management aren't uniform in validity. Many of them have information character. They are used for traffic safety, etc.

2. Constitutional right - the leading branch is right RK. The leading role of a constitutional right in system of the right of RK is expressed in the following: first, the constitutional right establishes the fundamental principles of a society organization and the state in a legal form; secondly, the constitutional right defines the general bases of management of all public processes; thirdly, norms of a constitutional right regulate process of creation of the right as norms of a constitutional right define types of other regulations, bodies publishing them a ratio of their validity to sources first of all the Constitution belongs.

The constitutional right of RK as branch of the right — is set of the precepts of law regulating a legal status of the personality and a state system of RK. Two criteria are the basis for division of the right for branches: subject of regulation and method of regulation. The constitutional right is urged to govern the public relations arising in the course of implementation of the government. Thus, a subject of a constitutional right are the public relations connected with implementation of the government and its organization, the structure of the state and also between the person and the state.

Constitutional legal relations are governed by the following methods: Holding liable method; Prohibition method; Permission method; Recognition method. Methods of regulation of a constitutional right have political and legal character as fix in the Constitution of category of public ideals, social values, the moral principles.

The system of a constitutional right — is set of the components and elements of a constitutional right characterizing its internal structure and isolating it from other branches of the right. Subjects of a constitutional right — it is participants of constitutional legal relations. The circle of subjects is very wide: everything to whom precepts of law of this branch assign duties can be them and grant the rights. Among them the state, the people, deputies public authorities, election commissions, citizens, stateless persons, public organizations, etc. Thus, act as subjects of constitutional legal relations: the person, entering the relations itself or through appropriate authorities with the state; the state, entering the relations with other state or the person.

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