Administrative procedure: a return to the content of the category and its relationship with related legal concepts

Abstract

The article establishes, based on the analysis of doctrinal and normative sources, the content оf the category “administrative procedure” and its relationship with related legal concepts. It is noted that in the aspect of discussion of the essence and purpose of the administrative process, without a doubt, a progressive view of it as a form of justice in the order of administrative proceedings is progressive. It is noted that the author is a supporter of the idea of the existence of administrative-procedural law, the norms of which are in fact serving the norms of substantive administrative law, tools for their implementation.In turn, the administrative procedure, as the procedure for consideration and resolution of an administrative case defined by law, is a mechanism for realizing the administrative-legal status of participants in administrative legal relations, which is naturally fixed by the material norms of administrative law. It can be seen that the features of the administrative procedure,which reflect its essence in the maximum relief, are: targeted, individual character; as a result, an administrative act is issued (accepted) by the authorized subject; external nature of the action; focus on the implementation of material norms of administrative law and the achievement of certain legal results for specific subjects.In the author’s opinion, the proposed view of the administrative process and administrative procedure makes it possible to significantly simplify (in the positive sense of the word) the idea of administrative law, its real purpose, potential and resource of its norms. Without pretending to a deep level of scientific novelty of the stated theses, the author calls on representatives of thescientific community and practitioners to discuss the need for a unified view of the specified fields of law, legal institutions and categories.