Abstract
The article contains an analysis of topical issues of administrative judicial procedure and administrative procedure. The author substantiates the conclusion about self-sufficiency of law of administrative judicial procedure and proposes directions for its further development. This development is associated with the adoption of legislation on the administrative procedure in Russia. This step can resolve a number of conceptual issues: 1) elimination of excessive preliminary judicial control over activities of the executive branch, the use of preliminary judicial control only where it is needed; 2) optimal regulation of pre-trial and judicial proof, as well as the procedure for reimbursement of legal costs; 3) forming of subject of administrative dispute prior to initiation of judicial procedure, which subsequently makes it possible to clearly delineate procedural rights and obligations of the court and the parties of administrative dispute. As a result, it is concluded that the optimal coordination of legal regulation of administrative procedure and legal regulation of administrative judicial procedure should provide the most effective protection of the rights of individuals and legal entities arising from public legal relations. The new legal regulation should not be aimed at restriction of procedural rights (for example, by introducing a mandatory pretrial procedure for resolving of all types of administrative disputes).
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.