Judicial administrative procedural law v. administrative judicial law

Abstract

The subject. The paper deals with the search for the place of judicial procedural law in the system of Russian law. The purpose of the paper is to identify is the judicial procedural law an independent branch of Russian law. Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Proceedings, the Code of Administrative Offences, the Commercial Procedure Code, the Civil Procedure Code of the Russian Federation and is also used. The main results and scope of their application. The adoption of the Code of Administrative Proceedings in Russia in 2015 revealed many problems in science and legislation. A legislative decision to adopt the Code of Administrative Proceedings is considered as a political decision taken without a proper scientific basis and contrary to established scientific doctrine. Definitions of such basic concepts as administrative process, administrative dispute, administrative justice, and others have not been developed in the period up to 2015 and to date, There is a mention of administrative legal as one of the types, along with civil, criminal and constitutional types of legal proceedings, in the Constitution of the Russian Federation. But procedural legislation is referred to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, in contrast to other procedural laws, in the Constitution of the Russian Federation. Representatives of the science of civil procedural law, with reference to legal theorists, called judicial procedural law (which is referred to the Code of Administrative Proceedings) the secondary formation, a sub - branch of the fundamental (profiling) branch of civil procedural law. The purpose of judicial procedural law – enforcement of substantive law and conflict resolution in the field of and other public relations. It is noted that the public-legal dispute is not limited to the interaction of the citizen with the executive power. Civil procedural regulation of judicial review of cases arising from public relations is a procedural mechanism of judicial protection of constitutional rights, freedoms and legitimate interests. The Code of Administrative Proceedings lowers the status of cases arising from public legal relations to the status of cases arising from legal relations. Representatives of the science of law and procedure, on the contrary, believe that the adoption of the Code of Administrative Proceedings becomes the final act in the formation of a new branch of law – judicial law, although it is a political decision and it’s rules are practically copied from the Civil Procedure Code. At the same time, it is recognized that the Code of Administrative Proceedings needs scientific support, which still needs to be created. An alarming factor is the fact that some scientists propose to include cases concerning imposition of sanctions in the this forming branch of law, although it mixes in fact disputes between individuals and a public entity and imposition of sanctions to the offender by the court. Conclusions. It is premature to say that judicial procedural law has emerged as an independent branch of Russian law. Prospects for further development of proceedings are very uncertain due to the high proportion of subjective, political factors in the legislative process.