On the issue of understanding administrative proceedings
- Authors: Nazarov V.V.1, Akimova T.I.1
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Affiliations:
- Derzhavin Tambov State University
- Issue: Vol 4, No 13 (2020)
- Pages: 135-140
- Section: Процессуальное право
- URL: https://journal-vniispk.ru/2587-9340/article/view/304235
- ID: 304235
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Abstract
We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.
About the authors
Valentin Vasil’yevich Nazarov
Derzhavin Tambov State University
Author for correspondence.
Email: kafgptsp@yandex.ru
ORCID iD: 0000-0002-4051-4853
Doctor of Jurisprudence, Professor of Civil and Arbitration Proceedings Department
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationTat’yana Ivanovna Akimova
Derzhavin Tambov State University
Email: takim_68@icloud.com
ORCID iD: 0000-0002-9324-1270
Candidate of Jurisprudence, Associate Professor of Civil and Arbitration Proceedings Department
Russian Federation, 33 Internatsionalnaya St., Tambov 392000, Russian FederationReferences
- Zhilin G.A. Pravosudiye po grazhdanskim delam [Civil Justice]. Moscow, Prospekt Publ., 2010, 576 p. (In Russian).
- Panova I.V. Administrativnomu sudoproizvodstvu v Rossii byt’ [There should be adminis-trative proceedings in Russia]. Administrativnoye pravo na rubezhe vekov [Administrative Law at the Turn of the Century]. Yekaterinburg, 2003, 347 p. (In Russian).
- Serkov P.P. K voprosu o sovremennom ponimanii administrativnogo sudoproizvodstva [To a question about modern conception of administrative legal proceedings]. Administrativnoye pravo i protsess – Administrative Law and Procedure, 2013, no. 9, pp. 9-21. (In Russian).
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