Lack of Administrative Procedural Legal Capacity as a Ground to Recognize an Administrative Claim as not subject to Consideration in the Courts

Abstract

The paper is devoted to examination of issues of identifying administrative procedural legal capacity of persons named as parties to a dispute in an administrative statement of claim, and the consequences of the lack of administrative legal capacity. The main attention is paid to identifying the administrative procedural legal capacity of someone who is named in the administrative statement of claim as a subject with public authority (meaning a state authority, another state body, a local government body, an official, a state and municipal official). As the author highlights, administrative procedural legal capacity of the bodies of state power specified in Part 1 of Article 5 of the Code on Administrative Procedure (CAP) of the Russian Federation, other state bodies, local self-government bodies, their officials as their ability to be parties and interested parties in an administrative case is predetermined by their administrative capacity and legal capacity, and the administrative capacity and legal capacity of these persons are inseparable and together they represent their competence. This allows the author to conclude that the condition for recognizing administrative procedural legal capacity for these persons is that they have competence in a certain public sphere. Lack of administrative procedural legal capacity should be recognized as one of the instances when an administrative statement of claim is not subject to consideration in courts and as one of the grounds to reject a claim under Paragraph 1 of Part 1 of Article 128 of the CAP of the Russian Federation.