Administrative Justice in the Soviet Period: An Analysis of the Theory, Legislation and Practice of the Second Half of the 20th Century

Abstract

In the Soviet theory, the complex and confusing path that administrative justice overcame in its formation is conditionally divided into four stages. Based on the periodization identified by Soviet scientists (A.V. Absalyamov, V. I. Piunova, and D. M. Chechot) the authors conclude that the institute under consideration was more or less developed in 1961-1993. The administrative justice of the second half of the 20th century has a relatively high quality characteristic, because, first, at the fourth stage of the Soviet period, the right to judicial appeal was assigned to a wider range of persons and was provided for in the most important spheres of society. Second, with the adoption in 1961 of The Foundations of the civil procedure in the USSR and Union republics disputes between the bodies of Soviet power and citizens were separated from other cases and formed a separate category. These two circumstances determined the choice of the research topic.The authors analyze the normative legal acts adopted in the post-war years, which regulated public-legal relations. Familiarization with the theory of the Soviet administrative justice and the practice of its application in the second half of the 20th century is of interest to the former Union Republic, namely the Kazakh SSR. The paper describes the Soviet way of development and improvement of the institute of administrative justice in the period from the end of the Great Patriotic War to the beginning of the collapse of the Soviet Union. The purpose of the work is to study the public legal relations that arose between Soviet citizens and the Soviet state in the person of its bodies and institutions, as well as officials and employees.