scholarly journals Several Theses in Support of an Integrative Understanding of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 328-338
Author(s):  
P. I. Kononov
Keyword(s):  
Russian Federation ◽  
Executive Power ◽  
Legal Cases ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Legal Enforcement ◽  
Close Relationship ◽  
The Russian Federation ◽  
Meaningful Category ◽  
Administrative Proceedings

An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation of the norms of the Constitution of the Russian Federation, the article shows that each of the three branches of state power: legislative, executive and judicial, has its own procedural form of functioning. Such a procedural form of exercising executive power, according to the Author, is an extrajudicial (executive) administrative process. Examples are given that show the existence of a common algorithm for resolving administrative cases by both administrative-public bodies and courts, which indicates a single procedural nature of the corresponding types of judicial and extrajudicial activities and the absence of fundamental differences between them. The conclusion is substantiated that the legal enforcement process is the activity of the competent authorities to resolve any categories of individual legal cases, and the legal procedural procedure is the procedure for carrying out such activities, in connection with which they are related to each other as content and form. The Author concludes that the law enforcement process carried out by public administrative bodies, both positive and jurisdictional, can be characterized as an administrative process and is not, in contrast to administrative proceedings, a kind of administrative procedure. Administrative proceedings are considered as a meaningful category of executive administrative process, namely, as an activity for the consistent, stage-by-stage resolution of an administrative case. The close relationship and interdependence of executive and judicial administrative processes are shown, the presence of which indicates that these two types of process are constituent parts of a single whole - the administrative process as a general procedural category, in connection with which it is possible to properly construct and systematize the administrative procedural legislation of the Russian Federation.

scholarly journals ORIGIN AND FORMATION OF THE IDEA OF ADMINISTRATIVE JUSTICE. HISTORICAL ASPECT

2021 ◽  
Vol 31 (6) ◽  
pp. 1041-1046
Author(s):  
V.V. Antonov ◽  
N.G. Yakusheva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Executive Power ◽  
Historical Aspect ◽  
Administrative Procedure ◽  
Management Processes ◽  
Science In Russia ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Administrative Justice

The reform of all branches of government in the Russian Federation is caused by the need to implement the idea of building a rule-of-law state and increase the effectiveness of the fight against corruption and arbitrariness of all branches of government. Improving the mechanism of functioning of the executive power both at the federal and regional levels, increasing the responsibility of officials for the decisions taken should have a legal basis. The article considers the historical aspect of the emergence and formation of the concept of “administrative justice”, “administrative courts”, “administrative proceedings”. The problem has a long history: starting with the emergence of the idea itself in France and Germany, continued by research in the field of administrative and legal science in Russia. The views of scientists on the problems of the formation and functioning of administrative justice in the Russian Federation at different historical stages of the development of society and depending on the political and state structure are given. The necessity of improving legislation in the light of the decisions taken related to the establishment of administrative justice in the Russian Federation, the adoption of the Code of Administrative Procedure of the Russian Federation is emphasized. The dynamics of the processes taking place in Russia related to the formation of administrative justice is investigated. The role of administrative justice and its influence on management processes in the state are considered. The authors noted the importance of administrative justice in the process of solving the problem of combating corruption by the state and society in all spheres of life of society and the state.

scholarly journals Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings

2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
Judicial Protection

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

scholarly journals Public administration in Russia as a subject of administrative procedure

2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Integrative Approach ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
The Public ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.

scholarly journals Reflections About the Administrative Process in Modern Russia

2021 ◽  
Vol 18 (3) ◽  
pp. 277-291
Author(s):  
A. A. Grishkovets
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Russian Federation ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Justice

The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.

On the issue of the optimal procedural form of judicial control over the observance of the right to freedom and personal integrity

2019 ◽  
pp. 372-384
Author(s):  
Nataliya Anatolevna Buraschnickova
Keyword(s):  
Russian Federation ◽  
Personal Integrity ◽  
Distinctive Features ◽  
Judicial Control ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
The Individual ◽  
Administrative Proceedings ◽  
The Right

The study is devoted to the analysis of the procedural form of consideration by the courts of the Russian Federation of administrative cases related to the implementation of judicial control over the observance of the right to freedom and personal inviolability. We give the main characteristics of material public legal relations, within which the state may exercise the statutory restriction of the right of the individual to freedom and inviolability. As a result of a study we come to a conclusion that the essence of these legal relations predetermines the necessity of functioning in the Russian Federation of preliminary judicial control over observance of the right to freedom and personal inviolability as the most effective guarantee of prevention of arbitrary and illegal restriction of this right. The nature of material legal relations and the nature of the law protected by the court indicate the need to consider such cases in the order of special administrative proceedings, the distinctive features of which are formulated by the author. The suggestions we give on amendments to the legislation on administrative judicial procedure aimed at the selection of cases on judicial review in cases of “special administrative procedure” with the establishment of the Code of administrative procedure of the Russian Federation the unified rules and regulations governing the handling all types of cases involving the exercise of judicial control over observance of the rights of citizens and organizations.

scholarly journals Autonomization of the Administrative Procedure in the Russian Federation as the Key to Understanding of Its Borders and Structure

2020 ◽  
Vol 11 ◽  
pp. 8-15
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Administrative Legislation ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
Special Category

In the article in strict accordance with the principles and norms of the Constitution of the Russian Federation through a special terminology series: 1) shows the specifics of the regulatory impact of administrative legislation and administrative procedure legislation in the Russian Federation; 2) separate independent administrative-legal (non-procedural) and administrativeprocedural forms of activity of Executive authorities and local self-government bodies for the implementation of administrativepublic functions (in this regard, called public administration). Developing an integrative understanding of the administrative process, the concept of administrative cases is revealed, arrays of administrative (non-judicial) cases and judicial administrative cases are identified, and administrative (non-judicial) cases are categorized. Such a special category as “Autonomous administrative process” is introduced into scientific circulation, which covers scientifically based methods of objective isolation of independent (Autonomous) forms of administrative and procedural activity of public administration and courts.

scholarly journals PROSPECTS FOR THE DEVELOPMENT OF ADMINISTRATIVE COURT PROCEEDINGS IN RUSSIA (BASED ON MATERIALS OF THE INTERREGIONAL SCIENTIFIC AND PRACTICAL CONFERENCE)

2020 ◽  
pp. 100-109
Author(s):  
Олеся Витальевна Жукова ◽  
Наталья Олеговна Огаркова
Keyword(s):  
Comparative Analysis ◽  
Supreme Court ◽  
Russian Federation ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Practical Conference

В статье представлены основные тезисы выступлений участников межрегиональной научно-практической конференции, посвященной принятию Кодекса административного судопроизводства РФ. Авторами проведен сравнительный анализ практики рассмотрения Верховным Судом РФ административных дел с момента начала действия нового законодательства об административном судопроизводстве. The article presents the main theses of the participants of the interregional scientific and practical conference on the adoption of the Code of administrative procedure of the Russian Federation. The authors have conducted a comparative analysis of the practice of the Supreme Court of the Russian Federation in considering administrative cases since the beginning of the new legislation on administrative proceedings.

Administrative proceeding

2019 ◽  
Author(s):  
Виктория Власенко ◽  
Viktoriya Vlasenko ◽  
Ольга Зиновьева ◽  
Ol'ga Zinov'eva ◽  
Игорь Невский ◽  
...  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Federal State ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Proceeding ◽  
State Educational ◽  
Administrative Proceedings

The textbook was prepared by the staff of the Department of civil procedure and labor law of the southern Federal University and is designed to study administrative proceedings, the legal regulation of which is carried out by the Code of administrative procedure of the Russian Federation, adopted in 2015. The book reveals both General issues of administrative proceedings and provisions on the proceedings at certain stages. The theoretical material is accompanied by diagrams and tables. Regulations, resolutions of the Plenum of the Supreme Court of the Russian Federation and judicial practice are given as of September 10, 2018. Meets the requirements of Federal state educational standards of higher education of the last generation.

scholarly journals Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 350-358
Author(s):  
S. A. Poryvaev
Keyword(s):  
Russian Federation ◽  
Research Paper ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Positive Elements ◽  
Modern Development ◽  
The Russian Federation ◽  
Administrative Proceedings

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document