On The Limits of the Administrative Justice’s Specialization

About the author:

Mikhail I. Kleandrov, Corresponding Member of the RAS, Dr. Sci. (Jur.), Professor, Chief Research Associate, Institute of State and Law of the RAS (Moscow); mklean@ksrf.ru

Abstract:

A report on the topic mentioned in the title of this article was presented by the author at the 2^nd Siberian legal readings “Administrative Justice: Comparative and Russian Contexts” held at the University of Tyumen on 29-30 September 2016. The situation in the organizational and legal mechanism of the domestic administrative justice is considered after the adoption of the Code of Administrative Judicial Procedure of the Russian Federation on 8 March 2015. Based on five theses, a provision on the imperfection of the current situation is given.

The urgency of the topic defined in the article is — based on a comprehensive and systematic approach — the justification, for the first time in legal science, of the need to modernize all the three components (the judicial, arbitral and judicial-status) of the organizational and legal mechanism of the Russian justice system. This also includes the scientific novelty of the problem posed in the article and proposals for ways to solve it.

The purpose of the study is to develop proposals for the establishment in Russia of an independent four-tier administrative and judicial system of the Russian Federation with the attribution of each jurisdiction’s own jurisdictional powers with institutional independence.

The methodological basis of this study was the dialectical method of cognition and the general scientific and private-scientific methods of investigation conditioned by it. The method of dialectical understanding of the processes of the historical development of the mechanism of domestic administrative justice was also used, which made it possible to address the phenomenon of the adoption by the State Duma of the Russian Federation in the first reading in November 2000 of the draft of the Federal Constitutional Law “On Administrative Courts in the Russian Federation”, and never reached the second reading. Private scientific methods of research were also applied: technical-legal, system-structural, comparative-legal and others.

This article considers the state of the modern administrative judicial system (the spe-cialization of which is limited, both in arbitration courts and in courts of general jurisdiction, by administrative boards) and modern administrative proceedings, which leaves beyond the limits of the Code of Administrative Procedure of the Russian Federation a number of legal relations, etc.

The author concludes the problems discussed in this article with the rationale and pro-posal for a model of an independent organizational and legal mechanism of the federal administrative and legal justice in the form of an independent system of courts of general jurisdiction from the now functioning system of the country, the administrative and judicial system of the Russian Federation, centered on the Supreme Administrative Court of the Russian Federation.

References:

1. Vlasov E. V. 2016. “Problemy dostupnosti sudebnogo predstavitel'stva v administrativnom sudoproizvodstve” [Problems of Accessibility of Judicial Representation in Administrative Legal Proceedings]. Rossiyskoe pravosudie, no 7 (123), pp. 23-32.
2. Taribo E. V. 2016. “O neopredelennosti perekhodnykh zakonodatel'nykh norm (na primere Kodeksa administrativnogo sudoproizvodstva)” [On the Uncertainty of Transitional Legislative Norms (By the Example of the Code of Administrative Proceedings)]. Zhurnal konstitutsionnogo pravosudiya, no 3 (51), pp. 12-13.
3. Rossiyskaya gazeta. 2008. “Chinovnik pered vysshim sudom”. Rossiyskaya gazeta. Federal'nyy vypusk, 2 December, no 4803.