ON THE QUESTION OF FORMING ADMINISTRATIVE JUSTICE (ADMINISTRATIVE JUDICIAL PROCEDURE) IN RUSSIA AS A FORM OF JUDICIAL CONTROL OVER THE SPHERE OF PUBLIC AUTHORITY ACTIVITY

  • Irina Gorbunova N.F. Katanov Khakass State University
Keywords: administrative law, administrative process, administrative justice (administrative judicial procedure), judicial administrative law, jurisdiction of administrative cases to courts, administrative case

Abstract

Abstract: The paper deals with administrative justice as a form of judicial control over the sphere of public authorities’ activity and the important constitutional guarantee of protection of citizens’ rights from the illegal actions of state and public authorities. The history of this legal institute in Russia begins in the second half of the 19th century and goes through several stages of its development: tsarist (imperial, pre-revolutionary), Soviet, recent (from 1993 to September 2015), and contemporary (since 2015). The author analyzed laws and regulations of Soviet, recent, and contemporary periods having the main significance for the development of administrative justice in Russia; considered the historical characteristics of formation and development of this legal institute, which significantly influenced its contemporary form and content. The author analyzed the problems of administrative justice related to the absence of legislative acts until the present time in Russia establishing the concept, system, and structure of administrative procedures. To improve the efficiency of administrative justice and the Code of Administrative Judicial Procedure of the RF, it is necessary to implement significant legal regulation of the institute of administrative procedures and methods of adoption of administrative legal acts by public authorities as the legislation establishing legal procedure of challenging affirmative performance (negative performance) of public authorities is inseparably related to the procedure of implementing legal power by public authorities, to the principles and standards of public government implementation. The hardest part in the legal enforcement of the Code of Administrative Judicial Procedure is the issue of differentiation of cases, which should be considered under the rules of civil procedure, administrative, and constitutional legislation.

Author Biography

Irina Gorbunova , N.F. Katanov Khakass State University

PhD (Law), Associate Professor, assistant professor of Chair of Public Law of the Institute of History and Law

Published
2019-12-26
Section
Legal Sciences