Allocation of Certain Types of Administrative Proceedings

Abstract

Statement of the problem. The process of constitutionalization of administrative and administrative procedural law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of administrative-procedural procedures implemented in judicial and extrajudicial procedures. This requires a reasonable separation of administrative proceedings from other types of legal proceedings. Insufficiently consistent solution of this problem leads to inconsistency and vagueness of judicial practice, as well as ambiguity of acts of judicial interpretation. Goals and objectives of the study. The purpose of the work is to identify the specifics of administrative proceedings in the Russian Federation, which would allow it to be clearly distinguished from other types of proceedings. This requires solving the tasks of analyzing the current legislation and judicial practice, identifying the specific functions of administrative proceedings, determining the connection of administrative proceedings with extrajudicial administrative proceedings. Methods. The study used systematic, logical, formal and legal methods. Results, brief conclusions. According to the results of the study, conclusions were drawn about the fact of the public-legal nature of the process of resolving administrative cases, their fundamental difference from civil cases. The ways of improving procedural legislation that can have a positive impact on the development of administrative proceedings in Russia are also noted.