Journal of Siberian Federal University. Humanities & Social Sciences / Mandatory Administrative Acts Issued as a Result of the Investigation of Industrial Accidents in Russia

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Terekhova, Anna V.
Contact information
Terekhova, Anna V. : Novosibirsk State University of Economics and Management Novosibirsk, Russian Federation; ; ORCID: 0009-0002-0023-3245
Keywords
obligation of administrative acts; legal force; acts based on the results of accident investigation; labor protection; industrial accident
Abstract

The administrative act is one of the central themes in the theory of administrative law. The existence of legal force means the ability of the act to regulate managerial relations and solve management problems in the field of state activity. An act acquires the property of legal force on the basis of its compliance with the requirements of legality. Mandatory execution of acts of public administration bodies by their addressees is considered as a manifestation of legal force. At the same time, the study of the limits and the circle of addressees of acts issued as a result of the investigation is practically useful, due to the orientation of the investigation procedure for the state and society to eliminate violations of labor protection requirements. And the importance and specificity of the administrative activities of regulatory bodies involved in the investigation of industrial accidents form the relevance of such a study. The purpose of the study is to study the issues of regulation and application of mandatory on the example of acts of investigation of industrial accidents and administrative acts adopted as a result of the investigation. Conclusions: 1) obligation as an element of legal force manifests itself in the form of binding its provisions by the addressees of acts, and not by the courts; 2) the idea of judicial control of administrative acts is approved; 3) issues of determining criteria for evaluating discretionary administrative acts, the need for legal regulation and proper application deserve special attention courts of the principles of proportionality (proportionality) and protection of trust

Pages
1088–1093
EDN
RZOIFE
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152973

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