DEVELOPMENT AND DYNAMICS OF THE PROCEDURAL FORM OF RESOLVING DISPUTES IN THE FIELD OF PUBLIC-LEGAL RELATIONS BY ADMINISTRATIVE COURTS

Abstract

The article deals with the concept, essence and content of the concept administrative-procedural form of solving administrative disputes in the field of public-legal relations by administrative courts. Attention is drawn to three approaches to the study of the essence of administrative and procedural form: institutional, procedural and scientific. The institutional approach illustrates the institutional capacity of an administrative court as a special entity whose activities have an external expression – administrative and procedural form. Some conceptual provisions on the development and systematization of knowledge in the direction of forming the administrative process paradigm under the conditions of procedural legislation update have been criticized. The procedural approach (aspect) makes it possible to distinguish features of the categories "procedure", "process", "implementation" and formulate a scientific vision for their application, as well as to establish the content and structure of the concept of "administrative process", to characterize administrative and procedural relations and norms. A scientific search was conducted separately in the context of the correlation between the categories "legal process" and "litigation". In this context, the dynamics of the development of scientific provisions on the procedural form of resolving disputes in the field of public-legal relations have been traced, and periodization has been completed and supplemented by a separate period characterized by the development of an independent procedural legal branch with a subject only and a method of legal regulation. Finally, the scientific aspect leads to the consideration of the administrative process (administrative-procedural form) as a science and educational discipline, which will allow from the standpoint of theory to differentiate the knowledge obtained as a result of scientific search into purely theoretical and purely applied, as well as their role in the regulation of public-legal relations and, in particular, the resolution of administrative disputes in this area.