The Basis of Procedural Legal Facts That Give Rise to Procedural Legal Relations That Develop Within the Framework of Resolving Administrative-Legal Disputes Under the Legislation of the Republic of Belarus
- Authors: Gvozdev D.V.1
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Affiliations:
- Academy of the Ministry of Internal Affairs of the Republic of Belarus
- Issue: No 12 (2025)
- Pages: 22-33
- Section: Public law (state law) studies
- Published: 21.12.2025
- URL: https://journal-vniispk.ru/2072-909X/article/view/360351
- ID: 360351
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Abstract
Legal regulation of the procedural order of resolution of administrative-legal disputes in the Republic of Belarus is of an interdisciplinary nature. This is due to the fact that at the present stage the judicial order of their resolution is regulated by the norms of civil procedural law, while the extra-judicial one is regulated by the norms of administrative law. At the same time, the basis for both judicial and extra-judicial (administrative) procedures for resolving the legal disputes under consideration is a legal fact enshrined in the norms of substantive administrative law, which gives rise to the need for theoretical study and practical regulatory adjustment of the relevant inter-sectoral relationships. The problem, among other things, lies in the insufficient theoretical scientific development of the specifics of the basis of both an administrative claim and an administrative complaint, their inter-branch relationships, which in turn gives rise to problems of both law-making and law enforcement, especially within the framework of the extra-judicial (administrative) procedure for resolving administrative-legal disputes.
The purpose of this article is to establish the features of the basis of an administrative claim and an administrative complaint, their inter-branch relationships, to develop the author’s theoretical provisions that are important for the development of Belarusian legal science, as well as proposals aimed at improving the national legislation regulating the procedural procedure for resolving administrative-legal disputes.
When writing the article, general scientific methods of analysis, synthesis, induction, deduction, analogy and modeling were used, as well as such a method of legal science as the method of comparative legal analysis.
As a result of the analysis, the article formulates the author’s theoretical definitions of the material legal fact underlying the procedural legal facts that give rise to legal relations in the sphere of resolving administrative-legal disputes, the basis of an administrative complaint, practical recommendations for improving the Belarusian legislation regulating procedural legal relations that develop within the framework of resolving administrative-legal disputes.
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About the authors
Dmitry V. Gvozdev
Academy of the Ministry of Internal Affairs of the Republic of Belarus
Author for correspondence.
Email: zdvg77@gmail.com
Candidate of Science (Law), Associate Professor, Professor at the Administrative Activities of the Internal Affairs Directorate Department.
Belarus, MinskReferences
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