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.

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 Peculiarities of the Public Administration System in the Russian Federation and Its Impact on the Development of Administrative Law

2021 ◽  
Vol 8 ◽  
pp. 29-34
Author(s):  
Pavel E. Spiridonov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Specific System ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation ◽  
State Organizations

The introduction of the terms “public power”, “public administration bodies” in official documents marked the beginning of the resumption of discussions on the peculiarities of legal relations that are included in the subject of the legal regulation of administrative law. The work attempts to analyze the terms “public authorities” and “public administration bodies”, their relationship with each other. In the Russian Federation, a specific system of government with decentralization elements has begun to take shape. Such a system includes, in addition to traditional state authorities, specially created state bodies that are entrusted with the functions of organization and coordination, public authorities in federal territories, state and non-state organizations that are delegated public power.

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.

scholarly journals The Intersection of Traditional and Modern Terminology as a Barrier in Understanding the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 292-300
Author(s):  
V. A. Zyuzin
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Foreign Countries ◽  
Starting Point ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings

At present, in connection with the constitutional reform carried out in the Russian Federation, the process of reconciliation of the basic categories of administrative law with the Constitution is actively underway. In parallel, in the scientific community of specialists in administrative law and process, there has long been a request for the harmonization of views and concepts for the formation of modern administrative procedural legislation. Such a serious scientific task can be successfully solved only by relying on the letter and spirit of the country's fundamental law as the only indisputable starting point for doctrinal provisions. The catalyst for many years of discussion about the boundaries and essence of the administrative process was the adoption in 2015 of the Code of Administrative Proceedings of the Russian Federation. After the enactment of this code in scientific circulation, the categories of “judicial administrative law” and “judicial administrative process” are actively used, which brings the domestic doctrine closer to the theory of developed foreign countries. However, even in the absence of a law in Russia that defines the legal foundations of an extrajudicial administrative process, one should not forget that the majority of modern representatives of science recognize the existence of an extrajudicial administrative process in the Russian Federation. We are talking about the widest range of administrative cases - about the activities of administrative-public bodies to resolve administrative matters under their jurisdiction, both of a regulatory and protective nature, controversial and indisputable. In this situation, we believe that it is required to conduct a scientific analysis of the terminology used in Russia to study the essence of the administrative process. The article makes an attempt, taking into account foreign and domestic doctrine, to study numerous definitions for suitability for the formation of a uniform understanding of the administrative process in the Russian Federation. The work, in particular, explores the understanding of public administration and administrative justice, compares the content of the terms “administrative jurisdiction” and “administrative procedures” in Russia and in foreign countries. Based on the results of the analysis, it is concluded that the least controversy is caused by the use of the term “administrative proceedings” in relation to out-of-court proceedings and “administrative proceedings” to the judicial trial hearings.

scholarly journals PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

2021 ◽  
Vol 1 (91) ◽  
pp. 54-59
Author(s):  
Maksims Bashlikovs
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Delivery Time ◽  
Specific Time ◽  
Legal Proceedings ◽  
Time Limits ◽  
Office Space ◽  
The Russian Federation ◽  
Administrative Proceedings

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.

scholarly journals Procedure in the cases of administrative offenses within the system of administrative law

2019 ◽  
pp. 22-29
Author(s):  
Evgeniya Sergeevna Izyumova
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Scientific Article ◽  
Administrative Process ◽  
Common Part ◽  
Special Part ◽  
The Russian Federation ◽  
Definition Of ◽  
Administrative Proceedings

The relevance of this scientific article is substantiated by the process of reform of the administrative procedural legislation of the Russian Federation. The goal of this work is to determine the place of procedure in the cases of administrative offenses within the system of administrative law. The author studies approaches towards the understanding of the system of administrative law, and explores the main perspectives on the definition of the administrative process, its structure and the place within for the procedure on cases of administrative offenses. The work also deals with the question of the correlation of administrative proceedings and procedure on cases of administrative offenses. A conclusion is made that in both the procedure on cases of administrative offenses is a part of administrative proceedings. A proposal is made on improving the administrative procedural legislation in order to ensure clarity in the question of correlation of “administrative proceedings” and “procedure in the cases of administrative offenses” by passing a codified legislation with highlighting separate chapters in the special part for judicial and non-judicial authorities with a unified common part.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

scholarly journals Evaluation of the Governmental Agency Effectiveness in the Russian Federation

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 68-76
Author(s):  
S. A. Lubennikova
Keyword(s):  
Russian Federation ◽  
Subject Matter ◽  
Methodological Approach ◽  
Social Indicators ◽  
National Level ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Russian Federation

The article is devoted to topical issues of determining the effectiveness of the work of governmental agencies in the Russian Federation. The relevance of the study’s subject matter is determined by the lack of comprehensive examination of the subject matter from the perspective of methodology and practice. Public authorities’ activities in the Russian Federation are changing acquiring new qualities. Thus, clear and uniform criteria for their assessment are necessary. Evaluation criteria should be closer to social indicators and should meet the demands of society. The author analyzes the normative-legal regulation of this issue. to this end, the paper provides examination of the Decrees of the President of the Russian Federation that have been issued since 2007 to establishing indicators for assessing the effectiveness of the activities of the executive authorities of the Russian Federation. It is possible to observe a constant change in the methodological approach to the number, formulation and content of the criteria for assessing the effectiveness of the executive authorities of the constituent entities of the Russian Federation. Between 2007 and 2012, the evaluation criteria were based on public control over the public services effectiveness exercised by citizens. Currently, the approach has changed — public control has been removed from the system under consideration and is now governed by a separate regulatory act. For the first time, to recognize executive authorities’ activities as effective the determination of the level of evaluation criteria to be met by executive authorities is used.The normative regulation of the evaluation of the effectiveness of the executive power at the federal level is also investigated. At the national level there is no any regulatory framework for assessing the activities of federal executive authorities of the Russian Federation. The author draws conclusions about the lack of a uniform approach to the evaluation of governmental authorities’ activities at both federal and regional levels. The conclusions can be used in law-making activities of state bodies.

scholarly journals Federal Districts in Russia: Practices of Improving Public Administration

2021 ◽  
Vol 21 (4) ◽  
pp. 33-40
Author(s):  
M.G. Shishkin ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
Public Authorities ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Creation

Goals and reasons for the creation of federal districts in the Russian Federation and the institution of plenipotentiary representatives of the President of the Russian Federation in federal districts are studied. The problematics of the study is the current normative legal regulation of the federal districts functioning. The author proposes amending legislation on federal districts in order to systematize legal regulation in the sphere of interaction of public authorities located on a federal district territory.

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