Administrative Procedure Code: a Controversial, but Feasible Idea

Abstract

The subject of the study is the issues of codification of administrative procedural and administrative tort legislation. The complex issue of its codification requires a thorough analysis of a number of fundamental theses for further argumentation of the author's position regarding the improvement of the institutional foundations of codification both from the standpoint of scientific and methodological development and practical implementation. The need to codify administrative proceedings is due to the fact that the reform of the administrative procedure will be incomplete without improving the CAS of the Russian Federation in terms of including the provisions of the APC of the Russian Federation and the procedure for considering cases of administrative offenses and strengthening judicial control over the actions of administrative jurisdiction bodies by reforming the procedural mechanism for considering cases of administrative offenses by courts of general jurisdiction (option arbitration courts according to the rules of the RF PACS). The goals are achieved using the methods of historical, systematization, synthesis, and special legal methods. The scientific idea of the formation of the procedural form of administration is argued, the scientific idea of the formation of the procedural form of administrative legislation is documented, which means only the judicial procedure for the consideration of cases, including administrative proceedings and proceedings in cases of administrative offenses. Practical recommendations are formulated on reforming the legislative and organizational foundations in the field under study and the adoption of a basic law on the procedure for the implementation of administrative proceedings when considering and resolving administrative cases by courts on the protection of violated or disputed rights, freedoms and legitimate interests of citizens and organizations, as well as other administrative cases related to the exercise of judicial control over the legality and validity of public powers, namely, the Administrative Procedural Code of the Russian Federation (as a variant of the Procedural Administrative Code of the Russian Federation - PAK RF). An invitation to the discussion is published.