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Categories “Process” and “Procedures” in the Works of the Classics of Russian Administrative Law: Concept, Relevance and Modernity of the Model

https://doi.org/10.19073/2658-7602-2021-18-3-252-260

Abstract

Research topics related to concepts such as “process”, “procedures”, “administrative process” remain the most controversial, and, therefore, relevant. Unfortunately, not many scientists are ready to take part in the creation of a modern theory of the administrative process, the development of unified approaches to its terminology, the formation of a unified Russian model of the administrative process. At the same time, knowledge of the works of recognized classics of Russian procedural law is very important and timely. This article attempts to analyze individual works of the classics of Russian administrative procedural law, who stood at the origins of its creation, to compare their position and draw their own conclusions. The excerpts are given and the positions on the subject and essence of the concepts o process, procedure, stages of such scientists as B. M. Lazarev, V. D. Sorokin, N. G. Salishcheva and some others are demonstrated. The purpose of the work was to prove that the ideas of the scientists who stood at the origins of the Russian administrative procedural law are not only alive, they are relevant and should be relied on in order to: 1) develop unified approaches to the terminology of the administrative process, 2) create a unified modern model of the administrative process. The tasks correspond to the purpose of the study and are aimed at understanding the works of recognized classics of Russian procedural law, popularizing their works, ideas, developments, etc. and highlight the signs of the concepts under study. The applied methods made it possible to individualize the essence of the approaches of the classics of Russian administrative procedural law to the concepts of “process”, “procedure”, “administrative process”, develop their own position, give an author's definition and draw other conclusions corresponding to the study.

About the Author

M. N. Kobzar-Frolova
Institute of State and Law of the Russian Academy of Sciences
Russian Federation

Margarita N. Kobzar-Frolova,  Head of the Administrative Law and Administrative Process Sector, Doctor of Legal Sciences, Professor 

10 Znamenka st., Moscow, 119019 



References

1. Lazarev B. M. Management Procedures. Moscow: Nauka Publ.; 1988. 127 p. (In Russ.).

2. Afanas’ev V. G. Scientific Management of Society. Moscow: Politizdat Publ.; 1973. 2nd ed. 391 p. (In Russ.).

3. Sorokin V. D. Administrative Process and Administrative Procedural Law. Saint Petersburg: Law Institute Publ., 2002. 474 p. (In Russ.).

4. Salishcheva N. G. Administrative Process in the USSR. Moscow: Yuridicheskaya literatura Publ.; 1964. 158 p. (In Russ.).

5. Starilov Yu. N. Administrative Process in the System of Modern Scientific Notions on Administrative Justice. State and Law. 2004;6:5-13. (In Russ.).

6. Salishcheva N. G. Problematic Issues of the Administrative Process. In: Popov L. L., Studenikina M. S. (Eds.). Administrative Law and Administrative Process: Actual Problems. Moscow: Yurist” Publ., 2004. P. 221–232. (In Russ.).

7. Kaplunov A. I. The Law on Administrative Proceedings and Its Impact on Further Development of the Theory of the Administrative Process and the Formation of Administrative-Procedural Law as a Branch of Law. State and Law. 2016;10:19- 26. (In Russ.).

8. Salishcheva N. G. Citizen and Administrative Jurisdiction in the USSR. Moscow: Nauka Publ.; 1970. 164 p. (In Russ.).


Review

For citations:


Kobzar-Frolova M.N. Categories “Process” and “Procedures” in the Works of the Classics of Russian Administrative Law: Concept, Relevance and Modernity of the Model. Siberian Law Review. 2021;18(3):252-260. (In Russ.) https://doi.org/10.19073/2658-7602-2021-18-3-252-260

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ISSN 2658-7602 (Print)
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