Judicial Review of Administrative Discretion: Theory, Legislation, and Law Enforcement Practice (Overview of the All-Russian Research-to-Practice Conference)

The overview presents the main provisions of the reports delivered at the All-Russian Researchto-Practice Conference “Judicial Review of Administrative Discretion: Theory, Legislation, Law Enforcement Practice”, held on 30 May 2025 at the private educational institution of higher education Siberian Law University (Omsk). Within the framework of the conference topic, participants discussed such issues as: discretion in law-making and administrative enforcement, applied aspects of the theory of administrative discretion, administrative arbitrariness and substantive judicial review, limits of administrative discretion, particularities of exercising administrative discretion in issuing procedural and non-procedural administrative acts, discretion of public administration as an object of administrative justice and as a subject of judicial review, legal subordination of administrative discretion to judicial jurisdiction, review of administrative discretion when applying measures of administrative coercion and in the administrative-jurisdictional activities of the police, judicial review of the justification provided by supervisory authorities for the existence of an “immediate threat,” grounds for judicial intervention in administrative discretion in cases of administrative offences, administrative-procedural principles of judicial review of administrative discretion, the scope of judicial powers in proceedings challenging administrative legal acts, and other related matters. As a result of the discussion, the participants unanimously adopted a resolution recognizing the expediency of developing a draft Resolution of the Plenum of the Supreme Court of the Russian Federation (in the form of a standalone act or an act amending and supplementing the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 28 June 2022 No. 21 “On Certain Issues of the Application by Courts of the Provisions of Chapter 22 of the Code of Administrative Judicial Procedure of the Russian Federation and Chapter 24 of the Arbitration Procedure Code of the Russian Federation”) and/or a review of judicial practice of the Supreme Court of the Russian Federation, containing detailed provisions on the criteria for judicial review of the legality of discretionary decisions, actions (inaction) of state authorities, other public bodies, local self-government bodies, officials, state or municipal employees, and other bodies and persons vested with public authority.

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