ВЛИЯНИЕ КОДИФИКАЦИИ ЗАКОНОДАТЕЛЬСТВА НА ВЫБОР ФОРМ СУДОПРОИЗВОДСТВ: АДМИНИСТРАТИВНОГО ИЛИ ГРАЖДАНСКОГО

Abstract

The problem of the correct choice of forms of legal proceedings in this article will be considered in a narrow aspect, through the influence of the codification of legislation, analysis of the nature of such rules of law as аrt. 11 of the Civil Code of the Russian Federation on the procedure for judicial protection of civil rights, art. 12 of the Civil Code of the Russian Federation on how to protect civil rights, art. 13 of the Civil Code of the Russian Federation on the invalidation of acts of subjects of public authority. The relevance of the research topic is due to the practical tasks of correctly determining the type of legal proceedings, as well as determining the place and role of administrative proceedings as an independent element of legal regulation and a form of judicial activity, the need to increase its effectiveness in achieving the goals of protecting the rights, freedoms, and legitimate interests of citizens and organizations. The rationale for the existence of the problem in this aspect is that many procedural scientists assign the role of the “life form of material industries” to the procedural branches, as a result of which one of their criteria for differentiating civil and administrative proceedings is the branch affiliation of the method of protection chosen by the plaintiff. In the literature, there are judgments that cases considered in the order of administrative proceedings are clearly defined by law in the Special Part of the Code of Administrative Procedure of the Russian Federation and cannot be expanded and supplemented without introducing appropriate changes to the legislation.