A Modern Doctrine of Administrative Jurisdiction: An Experience of Critical Rethinking

Abstract

The article focuses on various approaches to the concept of administrative jurisdiction in modern Russian Law, analyzes the problems and contradictions in the development of the theory of administrative jurisdiction in administrative law. Methodologically, the article is based on the modern achievements of the theory of cognition. In researching the author applied theoretical, general philosophical methods (dialectics, system method, analysis, synthesis, deduction), traditional legal (formal-logical) methods. Turning to the question of the concept of administrative jurisdiction, the author touches upon the problem of its subject composition and comes to the conclusion about recognition of courts as subjects of administrative jurisdiction and the existence of administrative and judicial jurisdiction as a form of this legal phenomenon. In this regard, the author substantiates the view concerning the need to abandon “narrow-wide” understanding of administrative jurisdiction that is considered precisely as outdated stereotypes of the Soviet era.Also, the study of subjects of administrative jurisdiction that is associated with a legal conflict is of considerable interest. In this context, the author raises the issue of the legal nature of the court’s activities with regard to application of administrative responsibility, believing that, on the one hand, it is a manifestation of activities that can be considered as an independent form of administrative jurisdiction. On the other hand, this activity amounts to justice, within the framework of which the judicial power is exercised.Having studied administrative jurisdiction as a category that allows revealing the content and legal essence of this type of state activity, the paper defines administrative jurisdiction in the context of its connection with judicial jurisdiction and justice.