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 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 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 Problems of choosing the optimal system of executive power in the Russian

2021 ◽  
Vol 258 ◽  
pp. 05032
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Russian Federation ◽  
The State ◽  
Optimal System ◽  
Executive Power ◽  
Legal Analysis ◽  
Public Authorities ◽  
Internal Factors ◽  
Full Development ◽  
Legitimate Interests ◽  
The Russian Federation

This article is devoted to the constitutional and legal analysis of the problems of choosing the optimal system of executive power in the Russian Federation. The paper substantiates the position that the need to optimize the system of executive power in Russia is due to a number of external and internal factors that are subjective and objective in nature. The article identifies and formulates the main problems of choosing the optimal system of executive power in Russia, defines its optimal characteristics, develops and substantiates an algorithm of actions necessary in the formation and construction of an optimal system of executive power in the country. Optimization of the system of executive power in the Russian Federation will allow to fully protect the rights, freedoms and legitimate interests of citizens of the Russian Federation; strengthen the system of public authorities in the country; create conditions for the full development of society and the state.

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 The principle of the executive power unity in the contemporary Russian federative model

2020 ◽  
Vol 20 (1) ◽  
pp. 145-160
Author(s):  
V. M. Platonov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Political Competition ◽  
The State ◽  
Executive Power ◽  
Constitutional Court ◽  
Legal Method ◽  
Vertical Division ◽  
The Russian Federation ◽  
Federal Center

The article considers the unity of executive power in the federative model of contemporary Russia to show that a single system of executive power within the Russian political-legal culture presupposes a hierarchical relationship between executive authorities of different levels. Such specifics of the relationship between the federal executive bodies and executive bodies of the subjects of the Russian Federation contradicts the idea of a vertical division of powers. The Russian model of federal relations is based on the fact that if the interests of the federation and its subjects are intertwined the best decision is not to isolate or separate the levels of power but rather to help them to interact, to provide a joint solution to the challenges of the state and its constituent parts. The author studied the federal legal acts and the practice of the Constitutional Court, in which the principle of the unity of the executive power was reinforced and evaluated. The article is based on the culturological approach as a kind of the system-structural analysis of law and other elements of social reality. This approach allows to consider the specifics of the Russian federalism as a special model of public administration in dynamics, and the corresponding institutions in their constant interaction and development. The formal-legal method allowed to identify the legal content of the principle of the state power system unity as the ‘cornerstone’ of the Russian federative structure. As a result, the article presents the following cultural-historical model of the Russian federative relations: it allows for widespread decentralization in the political sphere (by providing a list of objects of joint jurisdiction of the federal center and the subjects of the Russian Federation, and also - by residual principle - the exclusive legislative competence of the subjects), while the federal center strengthens centralization mechanisms in the administrative sphere (through the distribution of powers within the joint jurisdiction), thus, ensuring political competition under the tough statist principles in public administration.

scholarly journals Development of state ideology as a basis for improving the executive power

2021 ◽  
Vol 258 ◽  
pp. 05031
Author(s):  
Vitaly Goncharov ◽  
Tatiana Mikhaleva ◽  
Grigory Vasilevich ◽  
Sergey Balashenko ◽  
Jacek Zalesny ◽  
...  
Keyword(s):  
Power System ◽  
Russian Federation ◽  
Large Scale ◽  
The State ◽  
Living Standards ◽  
Executive Power ◽  
Legal Analysis ◽  
The Russian Federation

This article provides a constitutional and legal analysis of the problems of the formation and development of state ideology as the basis for optimizing the system of executive power in the Russian Federation. According to the authors, without the formation of a state ideology in the Russian Federation, it is impossible to ensure the development of society and the state. The work has developed and justified a system of measures to remove obstacles in the formation and development of state ideology in Russia; the purposes, tasks and parameters of the ideological basis of Russian statehood are formulated, which will ensure the implementation of the optimization of the executive power system in the country, the large-scale modernization of its economy and the qualitative improvement of the living standards of the population of the Russian Federation.

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.

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