Административная юстиция как средство обеспечения прав и свобод личности (опыт анализа теоретического наследия И. Т. Тарасова)

Abstract

The relevance of the reconstruction and interpretation of a prominent Russian lawyer Ivan Trofimovich Tarasov’s (1849–1929) theoretical legacy is due to the theoretical and practical significance of the questions regarding the search for answers to topical issues of building a legal state in modern Russia, in which individual rights and freedoms are recognized as the highest value. The mechanisms for protecting these rights and freedoms that have been formed during various stages of Russian history do not always allow achieving the desired result, and therefore the search for ways to improve them is an urgent problem of theoretical and practical jurisprudence. An important contribution to solving the problems of our time can be made by the ideas of Russian scientists of the late XIX – early XX centuries, which still retain the potential of constructive influence on the regulation of public relations in Russia. The article is devoted to one of the problems that have been comprehended by I. T. Tarasov – the problem of determining the nature and purpose of administrative justice, which should be an effective means of ensuring the rights and freedoms of the individual. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparative-legal) methods of legal research. Of great importance was the method of reconstruction and interpretation of legal ideas. As a result of the study, it was concluded that the pluralism of scientists' ideas about administrative justice was reflected in the identification of various approaches to understanding its essence and organization: administrative justice – justice in administrative and administrative matters; administrative justice - a system of public institutions for the consideration of public law disputes; administrative justice – a special procedural procedure for the consideration of disputes in the field of public administration. In the absence of a uniform approach to understanding the institution of administrative justice in modern Russia, the work of I. T. Tarasov is becoming increasingly relevant, which not only revealed the essential problems of the organization and functioning of administrative justice, but also made an attempt to solve them; determined the presence in Russia of all the necessary structural elements and tools for creating administrative justice, formulated specific proposals for the creation of administrative justice in Russia.