Legal in Russia are implemented through different systems of law. Among those civil and administrative. What is their specificity? What distinguishes civil law from administrative law?
The content of the article
- What are the specifics of civil law?
- What are the specifics of administrative law?
- The difference between civil law and administrative law
- Comparison table
What are the specifics of civil law?
Under civil law refers to the area in which the combined legal provisions governing:
Legal relations in civil law are initiated by citizens and organizations in order to meet different individual needs and address economic problems.
Civil law in modern States is based on the following principles:
The rules governing civil law in the Russian Federation, are fixed to the main way of Federal legislation. The main Russian normative act, including relevant regulations — the Civil code. Of great importance in explaining its provisions are subordinate sources of law, the departmental legal acts, judicial precedents.
Civil law is characterized by the disposition method of regulation of legal relations. It involves the freedom of choice of the terms of contracts concluded by citizens and organizations, as well as the illegality of the establishment of performance standards of some individuals over others.
to table of contents ↑what are the specifics of administrative law?
Under administrative law refers to the sphere of regulating the legal relations with the participation mainly of public and municipal authorities. Most often associated with the implementation of the relevant structures of the various powers. For example, to collect taxes, provide social support, distribution of budget funds. Administrative law also regulates the relations inside the state and municipal authorities with the participation of officials of relevant organizations.
The main method of administrative law is imperative. It involves the publication entitled subjects of the standards which are required to comply with certain persons. For example, instructions from higher authority to address the downstream or requirements of government agencies against the citizens, mandatory. The imperative method of legal regulation can assume the existence of certain persons obligation to prepare statements on demand by authorised entities.
to table of contents ↑the Difference between civil law and administrative law
The main difference between civil law from administrative law is that the parties involved in the first sphere have equal status and interact with a permissive regulation. Subjects of administrative relations often have a different status (some subjects are subject to, accountable to others and interact in many cases with an imperative regulation.
Administrative law regulates the relations connected mainly with the activities of the authorities. Civil is aimed at providing opportunities to participate in matters primarily of private individuals.
In many cases, civil legal relationship can only be carried out with the participation of their entities in the relations regulated by administrative law. For example, if we are talking about the signing of contracts between legal entities. Their participants before signing the contracts in the corresponding status must register at the Federal tax service as private firms. This registration is carried out within the framework of administrative law.
Defining the difference between civil law and administrative law, reflect the conclusions in the small table.
to content ↑Comparative table
What is common between them?
It often happens that the condition of participation of the subject in civil matters is its prior participation in relations regulated by administrative law
What is the difference between them?
Mainly regulates property relations with participation of individuals
Regulates the legal relations connected mainly with the activities of the authorities
Regulates legal relations in which the participants have equal status and are not accountable to other parties of the relationship
Regulates legal relationship in which parties frequently have unequal status, accountable to other parties of the relationship
Characterized by soft regulation method is when the parties involved determine the terms of contracts
Is characterized by the imperative method of regulation when the parties involved interact according to the established norms