ТИПОЛОГИЯ АДМИНИСТРАТИВНОГО СУДОПРОИЗВОДСТВА И ПУТИ УНИФИКАЦИИ ЦИВИЛИСТИЧЕСКОГО ПРОЦЕССА

Abstract

Within a matter of a theoretical discussion about the legal nature of administrative court procedure, the article investigates the issue of issue of a type of this procedure. In order to reach the research goal the author solves the following problems: defines the essence of the protective legal relationship in the administrative court procedure; finds out whether it is typical for administrative court procedure to deal with dispute about personal right; makes a comparative analysis of the targets of administrative court procedure, its main principles with similar institutions in administrative and civil procedure. The methodological basis of the research is the dialectic approach. The author uses the methods of system analysis, formal logical analysis, formal legal and comparative legal methods. The following conclusions are made: as examining the cases in terms of administrative court procedure, the courts resolve the conflicts about personal right, that is typical for civil procedure; the main aim of administrative court procedure, civil and arbitration process is defense of violated or contested personal rights, freedoms and legal interests, that is not similar to the goal of administrative law and process; administrative court procedure and civil and arbitration process have common principles that differ essentially from the principles of administration law and process. The empirical data that confirm these conclusions are analyzed. The author concludes that administrative court procedure can be estimated as a new protsessual form of civil procedure. The unification of the general provisions of civil law procedural legislation is proposed.