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Lecture number 3 Basis of Administrative Law
TASHKENT MEDICAL ACADEMY Department of Social Sciences and Humanities № 1 Lecture number 3 Basis of Administrative Law
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The plan: 1. Goals and objectives of administrative law. 2
The plan: 1. Goals and objectives of administrative law. 2. Sources of administrative law. 3. Governments. 4. Administrative offense and administrative penalties.
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The word "administration" in Latin means "to control"
The word "administration" in Latin means "to control". Therefore, administrative law was often defined as the right to control, or administrative law.
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Administrative law - the branch of law that regulates public relations in government and establishing the administrative responsibility for offenses relating to the implementation of public administration.
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The subject of regulation the administrative law
the public relations in public administration. These relationships are formed in connection with the exercise of executive administrative bodies of their powers to regulate the various spheres of social life (and ensure that the rights and freedoms, protection of all forms of property, protection of nature, environment, industry, trade, etc.).
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In public relations governed by administrative law, as appropriate: • implementing a state internal and foreign policy, ensuring respect for and protection of the rights and freedoms of man and citizen, to create conditions for a decent life and free development of the individual;
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reflects a special kind of state activity on the practical implementation of the executive power as a branch of a single government; expressed priority of public law in the interests of the regulated sphere and the corresponding state-legal means of influence on public relations.
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Functions of Administrative Law
regulatory law enforcement
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The problem of administrative law
Protection the environment protection of property protection of rights and freedoms ensuring social justice and legality Protection of law and order
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Norms of administrative law
protection of nature Security in transport water management fire prevention rules norms of behavior in the home
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Subjects of Administrative Law
presidential control the officials Subjects of Administrative Law public servants workers enterprises, institutions, organizations and their units Citizens of the Republic of Uzbekistan, foreigners and stateless persons
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Objects of Administrative Law
actions and omissions of persons public, public property Objects of Administrative Law objects of spiritual culture, science and education set of rights and responsibilities that make up the administrative and legal status of citizens relationship between citizens and the executive authorities
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Principles of administrative law
Equality of citizens before the law humanism The inevitability of punishment for the guilt justice democracy legitimacy
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Sources By-laws of the Republic of Uzbekistan
The Constitution of the Republic of Karakalpakstan By-laws of the Republic of Uzbekistan Current laws Constitutional laws The Constitution of the Republic of Uzbekistan
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Administrative Responsibility Code, which was adopted in 1994, 22 December (due to liberalization of punishment in 2001 was amended to change).
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The legal status of government
The specialized central body - the ministries, state committees, associations, corporations, associations, companies, banks and local authorities Administration of enterprises, institutions and organizations Local executive and administrative bodies - khokimiyats The supreme executive authority - the Cabinet Ministers of the RUz
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Administrative and legal regulation
supervision control observation
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Administrative responsibility
is a system of administrative penalties that are imposed on the guilty person specially authorized bodies (officials). The basis of administrative responsibility is the administrative offense.
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Principles of administrative responsibility
The inevitability of punishment Responsibility for the guilt Individual responsibility (punishment) Publicity responsibility The expediency of responsibility Legitimacy
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Administrative infraction
admits encroaching on the person, rights and freedoms of citizens, property, public and social order, the environment wrongful, culpable (intentional or inadvertent) the act or omission for which the law provides for administrative liability.
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The main signs of the offense are:
An administrative offense is different from criminal degree of public danger. The main signs of the offense are: anti-social order; the illegality; guilt; offense.
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Features (elements) of an administrative violation are:
1. Object - public relations regulated by the law and protected by the measures of administrative responsibility. 2. The objective side is an action or omission prohibited by administrative law.
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3. The subject of an administrative offense are those attained at the time of committing an administrative offense 16 years of age. 4. The subjective aspect of an administrative offense - mental attitude of the subject to the wrongful act or omission and its consequences. It can be expressed in the form of intent or negligence.
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Types of administrative responsibility
Paid exemption (Article 26 COAL) The expulsion of the limits of Uzbekistan foreign citizens and stateless persons (Article 23 COAL) Administrative detention (Article 29 COAL) Deprivation of a special law (Article 28 COAL) Confiscation (Article 27 COAL) Penalty (Article 25 of the CoAL)
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Circumstances extenuating the administrative responsibilities are:
sincere repentance guilty; prevention of the harmful effects of guilty of the offense, voluntary compensation and removal of harm caused; the commission of the offense under the influence of strong emotion or at the confluence of difficult personal, family, or other circumstances;
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4) an offense under threat, coercion or because of service, material or other dependence; 5) the offense by a minor; 6) the offense, a pregnant woman or a person raising a child alone at the age of fourteen.
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Aggravating circumstances to administrative responsibility are:
continuation of the wrongful conduct, despite claims of unauthorized persons to terminate it; re-commit to one year of homogeneous offense for which he has already been subjected to administrative penalties, as well as the offense, a person with a criminal record;
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3) involvement of minors in violation; 4) the commission of an offense by a group; 5) The violation of natural disaster or other emergency; 6) the offense in a state of intoxication.
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Cases of administrative offenses shall be treated by:
The administrative law judge; administrative committee formed with bodies of self-government in the remote villages of the district center and the regions, villages; Commission on Minors created at district khokimiats; Police Department; The bodies of the Ministry of Defence; State fire supervision.
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Administrative law - the branch of the right regulating public relations in sphere of the government and establishing administrative responsibility for offences, connected with government realization. Subject of regulation of administrative law are public relations in government sphere. These relations develop in connection with realization by accurately administrative bodies of the powers on regulation of various spheres of a public life (maintenance and observance of the rights and freedom of the person, protection of all patterns of ownership, wildlife management, ecology, the industry, trade etc.).
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Administrative law problems are: protection of the rights and freedom of citizens, properties, state and a public order, an environment, maintenance of social justice and legality in interests of well-being of the person and a society. Norms of administrative law are very various: these are norms of behavior in a life, wildlife management, water use, fire prevention rules, safety on transport. All these rules are subject obligatory to observance. Subjects of administrative law are presidential controls, the officials, serving machinery of state, the enterprise, establishment, the organization and their divisions, workers and also citizens of Republic of Uzbekistan, foreigners, persons without citizenship.
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Objects of administrative law can be: action and inactivity of the person, the state, public property, subjects of spiritual culture, science and education, set of the rights and the duties making administratively-legal status the citizen, mutual relations of citizens with enforcement authorities.
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Administrative law sources are: the Republic Uzbekistan Constitution, the Law «About the Republic Uzbekistan Cabinet» (it is accepted on August, 29th, 2003), Decrees of the President of Republic Uzbekistan, the Code about administrative responsibility which has been accepted in 1994 on December, 22nd (in connection with punishment liberalization in 2001 has been made amendments, changes). Besides as sources decisions of the Cabinet, the instruction, position of the ministries, departments, the state committees, decisions of authorities on places serve.
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The administrative offence differs from a criminal offence degree of public danger. The basic signs of an offence are: 1) an antisocial order; 2) противоправность; 3) guilt; 4) punishability of act.
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