In this article, the author analyzes the key provisions of administrative legal proceedings, as well as its role in the entire system of administration of justice. Moreover , problems are being raised that negatively affect the implementation of administrative proceedings in modern realities. Particular attention is paid to the lack of legal protection of citizens in disputes with the observance of the requirements of state authorities and local governments.
Keywords: judicial body, administrative proceedings, courts, rights and freedoms of citizens, administrative legal relations.
It is worth noting that today administrative proceedings occupy one of the dominant places in the justice system of our state. At the time of the administrative process, its participants Protect their rights and legitimate interests. Like any form of justice, it is built on basic principles: independence of the judicial body; exclusivity of the court as the only authority with such powers; equality of the parties, impartiality of judges, compliance with the terms of the process, preservation of material truth.
From the subjective point of view of the author, despite its importance for legal System of the Russian Federation, the administrative process has a number of specific problems, the solution of which is direct Task of the state. Implementation of this task is possible by adopting new rules of law and eliminating conflicts in the current legislation.
According to the famous scientist V. A. Barabanov, one of the pressing problems of the modern administrative process is the lack of special judicial bodies that could focus only on one category of cases [1].
If we touch on the experience of foreign countries, then the presence of admins Of the courts, is a common thing. Long years of existence of The justice system of Western Europe, includes administrative courts. In Germany, their presence is prescribed in the Constitution of the country.
Administrative courts in Germany have full The basic principle of the existence of this body. The main task of this body of justice is to work with citizens' appeals. Every year there are thousands of complaints about illegal actions of the authorities or their inaction. In the floor Of this body of justice, also includes the consideration of political Disputes at the state level.
In Germany, the named body, also deals with the verification of the legality of the norms of administrative law. This procedure allows you to avoid In the legislation And regulate administrative relations at all levels as effectively as possible. As the studied material shows, these organs are mostly considered Disputes related to: economy, politics, management system, Elections [2].
Based on the experience of Western Europe, and in particular Germany, the introduction of such judicial bodies is vital on the territory of the Russian Federation. In our opinion, the main advantage of such bodies is the availability of special knowledge And the opportunity to get acquainted with the case materials in detail. Such a trend will lead to an improvement in the quality of work, which will raise the authority of the judiciary.
Another important advantage of the establishment of administrative courts is the withdrawal of Shipments from courts of general jurisdiction. At the moment, they are overloaded, which negatively affects their work.
A significant problem is also the lack of legislative consolidation of the term «administrative proceedings». In the Code of administration Judicial proceedings of the Russian Federation (hereinafter referred to as the CAS of the Russian Federation), there are also no similar legal norms.
According to E. A. Fedotov, the legislator should introduce this definition, in order to prevent discussions and problems arising from the law enforcer [4].
According to the author, the consolidation in the norms of law, similar concepts of «administrative process» and «Administrative justice», not enough. Since the concept of «administrative proceedings» is broader in its legal essence.
Based on the above conclusions, we consider it advisable to supplement the CAS of the Russian Federation with the necessary concepts. After Ku conceptual apparatus of administrative proceedings, presented in the code Quite scarce. The following terms should be added: administrative proceedings, jurisdiction and jurisdiction, and so on. Lack of legal fixation There are many problems that have a negative impact on administrative law and administrative process.
According to E. A. Yavinsokgo to solve this problem, the direct participation of the legislator is necessary, a rational solution would be Creation of a separate legal act. In the content of the legal act, it would be possible to fix the missing definitions, while in separate articles [5].
In our opinion, the judgment of the above-mentioned author is quite controversial. Since the adoption Of the legal act to the addition to the CAS of the Russian Federation, will greatly complicate the application of procedural rules. The principle of systematization of legislation will be violated. You can solve the problem in a simpler way, by analogy with the current Criminal Procedure Code of the Russian Federation.
That, in the author's opinion, in order to consolidate legislative definitions of administrative and procedural concepts, the Russian legislator should introduce a new norm into the CAS of the Russian Federation — Art. 2.1. «Basic concepts of the administrative process». As a result, in The legal definition of administrative proceedings can be concentrated in 1 of this norm: «administrative proceedings is the activity of the competent judicial authorities to consider and resolve administrative cases in the manner, pre Provided for by this Code».
It is also necessary to remember that the key feature of administrative proceedings is its subject composition. The mandatory participant in the process is the state, represented by the competent authority or official About the face. Therefore, the second side is actually more «weak», so the party should be given Highly qualified legal assistance, this provision is enshrined in the Constitution of the Russian Federation.
References:
- Барабанов, В. А. Особенности административной ответственности // Известия ОГАУ. — 2022. — № 12–1. — С. 10–15
- Дятлов, С. В. Административное право РФ — М.: Норма, 2023. — 311 с.
- Сухих, В. О. Понятие административного судопроизводства / В. О. Сухих— 3-е изд. — М.: Издательство Юрайт, 2023. — 321 с. — (Серия: Профессиональные комментарии). — ISBN 978–5-534–08128–2. — Режим доступа: www.biblio-online.ru/book/C9CC7868–0A69–417B-9669–8E0121774B26 (Дата обращения 07. 11.2023)
- Федотов, Е. А. Административное право РФ / Е. А. Федотов — М.: Издательство Юрайт, 2021. — 931 с. — (Серия: Бакалавр и магистр. Модуль). — ISBN 978–5-534–00651–3. — Режим доступа: www.biblio-online.ru/book/96598783–6BCF-435E-9025–37685677B8A7 (Дата обращения 08. 11.2023)
- Явинский, В. Е. Некоторые проблемы административного судопроизводства / В. Е. Явинский— 3-е изд., перераб. и доп. — М.: Издательство Юрайт, 2022. — 132 с. — (Серия: Бакалавр. Академический курс). — ISBN 978–5-534–03883–5. — Режим доступа: www.biblio-online.ru/book/25BDE47F-6B2C-4C9E-B0B0–2A3875F3249E (Дата обращения 08. 11.2023)
