Problems of realizations of the powers of the administrative land legal relations

Abstract

On the basis of the analysis of legal relations which belong to the subject of administrative law we have made a conclusion concerning the types of procedures of realization of the powers of the members of the administrative land relations. The administrative land legal relations form the system-forming factor, the aggregate of which create a certain procedure. Using mutual legal relations between physical (legal) persons and the subjects of public administration (subjects of power authorities) their power are realized. Certain stability and formalization of such legal relations, their quality and quantity increase cause the formation of the procedure between physical (juridical) persons and the subjects of public administration (subjects of power authorities).

It is important not only to know about the procedure of realization of the powers of the members of administrative land legal relations but also classify them pursuant to certain peculiarities and regularities. At the same time neither the science of administrative law, nor national administrative legislations describe the unique classification of administrative procedures and at the moment the diverse criteria of classification and types of procedures can be observed.

Taking into account the administrative land legal relations we have done a conclusion on the following types of procedures and their content. The legal relations between physical, legal persons of public and private law and the subjects of public administration (subjects of power authorities) stipulate: claim procedures (pursuant to the claims); interfere procedures (on the initiative of the subject of public administration (subjects of power authorities); procedures of claims and interfere character (initiated in accordance with the claims of the persons as a result of the subjects of public administration (subjects of power authorities) execute their administrative powers). The legal relations between the subjects of public administration (subjects of power authorities) call forth the procedures of collaboration of competence, administration and contractual character.

The knowledge about the regularities and peculiarities of the procedures of realization of the powers of the members of administrative legal relations permit to define which mode of defense of the rights, liberties, interests of the members of administrative land legal relations shall be chosen, which type of court jurisdiction corresponds to the defense of the rights, liberties and interests of the members of administrative land legal legations, the norms of which legislations, private or public, general or special, shall be applied to the due evaluations of the disputable administrative land legal relations.

We have come to the conclusion that in the administrative courts one can appeal with the resolutions, actions, inactions of the subjects of public administration (subjects of power authorities) done (admitted) within the claim, interfere procedures and the procedures of claim-interfere character. The rest of the administrative, so called «internal procedures», the procedures of collaboration and procedures of competence, administrative and contractual character by means of the internal natures cannot be considered by an administrative court pursuant to the claim of the third private physical (legal) person which was not a member of such procedures.

In additions the procedures have been classified into the following types: 1) positive procedures which appear due to the realization by the private physical (juridical) person of his rights, interests – claim procedure of acquisition of the rights for land, claim procedure of state registration of the material and other rights, claim procedure of the administrative services rendering; 2) negative procedures which arise due to termination by the private physical (legal) persons of his rights or preventing from realization of such rights, interests – claim procedure of the voluntary suspension of rights for the land lot; interfere procedures (inspection procedures, procedures of forced terminations of the rights for land plot).