Concept of procedural form of administrative justice

Abstract

The article examines from the standpoint of the theory of state and law and administrative law, the concept of the procedural form of administrative proceedings in the context of current legislation and scientific views on the mentioned problems in the countries of the European Union. The methodological basis is general scientific and special methods - comparative jurisprudence, formal-logical, historical, systemic-structural. The main element of judicial proceedings are the procedural forms within which cases subject to this form of judicial proceedings are considered. The concept of «procedural form» does not yet have a clear content in legal science. It noted that, from the standpoint of historical aspects of the scientific-theoretical understanding of the procedural form and the evolution of legislative approaches to its differentiation, the procedural form of judicial proceedings considered as the order of consideration and resolution of cases established by the procedural law. Consideration of the issue determined by different approaches to the understanding of the concept of “procedural form” and the list of cases that, according to the legislation, are subject to consideration in administrative proceedings regarding the essence, features and tasks of administrative proceedings. The peculiarities of the procedural forms of judicial proceedings in the administrative process, their specificity depending on the categories of administrative-legal disputes arising from public legal relations between powerful and non-powerful subjects in comparison with procedural forms in civil procedural law and economic procedural law are analyzed. The procedural form of administrative proceedings is characterized by a law-making process determined by the will of the legislator and a court decision, aimed at the application of a procedural procedure, different from the general one, which has specific features generated by the category of the case, the complexity and the subject of the appeal, in the resolution of a public legal dispute. The need for further development of the theoretical and legal foundations of the category «administrative procedural form» of administrative proceedings is indicated, which will contribute to the improvement of proceedings in cases arising from public legal relations.