The Features of Consideration of Administrative Cases in Administrative Proceedings

About the author:

Natalia N. Gerasimova, Associate Professor of the Department of Civil Law and Process, Institute of state and law of Tyumen state University, Federal Judge in Retirement; nngerasimova@yandex.ru

Abstract:

Nowadays the question about one of the basic institutes of justice — administrative — is very acute. This is due to various objective and subjective reasons, but primarily for those that have greatly expanded the possibilities of judicial control over the actions of the public administration and its officials. They do not have any restrictions, so almost any issue under the jurisdiction of the public administration organs may be transferred to the appropriate court in accordance with the established law rules of jurisdiction and cognizance. Objective existence of the Institute of administrative justice, the need to study its constituent provisions, and the need for further legislative regulation were the main objectives of the present work. So the scientific novelty of the work lies in the discovery of the essence of judicial control in the framework of an enforceable code of administrative procedure of the Russian Federation, which is to verify the legality and validity of actions of institutions, authority officials, in the course of consideration by courts of causes related to the competence of the latter. The article reveals the peculiarities of legal regulation of administrative procedure. The author explores the problematic aspects of administrative proceedings, which include a universal list of categories of administrative cases, determination of jurisdiction of administrative cases and the lack of a legal definition of “administrative court proceedings”.

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