MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us violates rights and legal interests can be reviewed in court. Where there is an opportunity to
accept an administrative document, it must be possible to review this document in court. The
administrative document fulfills this function and creates the ground for administrative justice
(administrative trial), which is considered an important legal tool for eliminating deficiencies in
the creation of administrative law.
The requirements for administrative documents are also unique. The main condition of
administrative documents is their compliance with the legal content of legal documents and the
requirements for their adoption. Based on these requirements, the administrative document must
be adopted in accordance with the law. The following are the requirements for administrative
documents.
1)
the administrative document must not contradict the Constitution and laws;
2)
taking into account the division of activity and powers among subjects of state bodies;
3)
taking into account administrative documents issued by higher state bodies;
4)
acceptance of administrative documents by the relevant state body (official);
5)
it must be legally based, that is, it must clearly indicate the basis of the purpose of adopting
an administrative document and the legal consequences arising from them;
6)
that it cannot limit or violate the competence and operational independence of subordinate
bodies in the system of administrative bodies;
7)
that administrative bodies cannot limit or violate the rights and legal interests of citizens and
non-governmental organizations established by legislation in all spheres of interaction;
8)
administrative documents must be adopted in accordance with the established rules
(processes) and there are other similar requirements. Administrative documents must be
accepted taking into account the documents of higher executive authorities.
The main requirement for administrative documents is their compliance with state policy.
Administrative documents should implement state policy, economy, socio-cultural construction,
expansion of foreign political and economic relations with foreign countries, and strengthening
of the state's defense capabilities in the daily life of the state and society. Based on the principle
of legality, administrative documents must meet the following requirements:
a)
must be accepted within the competence given to him by the authorized body;
b)
not only should not contradict legal documents, but also should not harm the rights and legal
interests of the state, its bodies, public associations and citizens;
c)
must be accepted in a prescribed manner, and in some cases, in a form established by law or
a higher authority;
d)
must be adopted to solve the relevant issue stipulated by the law or other normative
document.
The above cases are information about the specific features of administrative documents written
on the basis of our scientific sources and their importance. Now, it would be appropriate if we
focus on the information given in the scientific sources of foreign countries about the specific
features and importance of administrative documents. For this purpose, on pages 38-39 of the
book "Ejegodnik publichnogo prava administrativnqy akt" the uniqueness and importance of the
administrative document is discussed
4
. According to him, the distinctive features of the
documents are as follows:
Individuality;
4
Ежегодник публичного права 2016: Aдминистративный акт. – M .: Инфотропик Медиа. 2015 – С. 38-39.