Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.

1. Zelentsov A. B. Code of Administrative Court Procedure of the Russian Federation as a Prerequisite for Changing the Paradigm in the Theory of Administrative Law. Administrative Law and Procedure. 2015;11:22-37. (In Russ.).

2. Avrutin Yu. E. Place of the Institute of Administrative Court Proceedings in the Legal System of Modern Russia in the Context of Ensuring Proper Public Administration. Administrative Law and Procedure. 2015;11:4-15. (In Russ.).

3. Zagryatskov M. D. Administrative Justice and the Right of Complaint. Moscow: Pravo i Zhizn’ Publ.; 1925. 244 p. (In Russ.).

4. Zelentsov A. B., Kononov P. I., Stakhov A. I. Administrative Procedure and Administrative-Procedure Law in Russia: Conceptual Problems of Contemporary Development. Administrative Law and Procedure. 2013;12:3-15. (In Russ.).

5. Stakhov A. I. Autonomization of the Administrative Procedure in the Russian Federation as the Key to Understanding of Its Borders and Structure. Administrative Law and Procedure. 2020;11:8-15. https://doi.org/10.18572/2071-1166-2020-11-8-15 (In Russ.).

6. Zyuzin V. A. On Some Issues of Understanding and Ensuring of Execution of Judicial Acts of Administrative Procedural Importance. Administrative Law and Procedure. 2020;11:21-25. https://doi.org/10.18572/2071-1166-2020-11-21-25 (In Russ.).

7. Solovey Yu. P. Code of Administrative Court Procedure of the Russian Federation as a Legislative Framework for Judicial Control of Implementation of Discretionary Powers of Public Administration. Administrative Law and Procedure. 2016;1:5-10. (In Russ.).

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

9. Chepurnova N. M., Dyukova E. A. Judicial Control as a Type of State Control Activity. Russian Judge. 2007;10:16-18. (In Russ.).

10. Ershov V. V. Legal Nature of Principles of Russian Law: Theoretical and Practice Aspects. Russian Judge. 2009;5:13-18. (In Russ.).

11. Kononov A. L. On Common Principles of Law in French and Belgian Practice on Administrative Cases. State and Law. 2001;3:82-86. (In Russ.).

12. Ordina O. N. Development of the System of Sources of Administrative Law in Russia in the Context of Globalization. Moscow: Yurlitinform Publ.; 2013. 400 p. (In Russ.).

13. Ginsburg T. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law. University of Chicago Public Law & Legal Theory Working Paper. 2010;331:117–126.

14. Harlow C. Global Administrative Law: The Quest for Principles and Values. The European Journal of International Law. 2006;17(1):187-214. https://doi.org/10.1093/ejil/chi158