The Features of Consideration of Administrative Cases in Administrative Proceedings

Tyumen State University Herald. Social, Economic, and Law Research


2016, Vol. 2. №2

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;


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”.


  1. Minashkin A. V. 2004. “Kontseptsiya razvitiya administrativno-protsessualnogo zakonodatelstva” [The Development Concept of Administrative Procedure Legal System]. In: Khabriyeva T. Ya., Tikhomirova Yu. A., Orlovsky Yu. P. (eds). 2004. Kontseptsii razvitiya rossiyskogo zakonodatelstva. Moscow.
  2. Recommendation № Rec (2004) 20 of the Committee of Ministers to Member States on Judicial Review of Administrative Acts (Adopted by the Committee of Ministers on December 15, 2004 at the 909th meeting of the Ministers’ Deputies). Doc.jsp?id=802925&Site=COE
  3. Ryazanovskiy V. A. 1996. Yedinstvo protsessa [The Unity of the Process]. Moscow.
  4. Sobraniye zakonodatelstva RF. 2014. “Konstitutsiya Rossiyskoy Federatsii: prinyata na vsenarodnom referendume 12 dekabrya 1993 g.” [The Russian Constitution: Adopted by Referendum December 12, 1993]. Sobraniye zakonodatelstva RF, no 32, art. 4398.
  5. Sobraniye zakonodatelstva RF. 2015. “Kodeks administrativnogo sudoproizvodstva Rossiyskoy Federatsii ot 08 marta 2015 g.” [The Code of Administrative Procedure of the Russian Federation on March 8, 2015]. Sobraniye zakonodatelstva RF, no 10, art. 1391.
  6. Winkler R. 2007. Administrative Justice of Europe: The EU Acquis, Good and Recent Developments (Working Paper Submitted for the Twinning Project).