On Competition in Public Law Proceedings

Abstract

The analysis of the materials of judicial practice shows a large number of violations of the principle of competition in the processes related to the public law type. In addition, there are widespread cases of non-compliance by state bodies and officials, both at the pre-trial stages and in court proceedings. The paper focuses on the public legal process, considers its goals and objectives in the mechanism of legal regulation, dwells upon the composition of partici-pants, their interests, as well as the means used to resolve a legal dispute. Based on the specifics of the branch research on competition, most modern sci-entific works consider its existence in the procedural sphere exclusively as a legal principle. This circum-stance actualizes the study of public types of the process based on the understanding of competition as a phenomenon that has a variety of forms of manifestations. The peculiarity of public law rela-tions allows the author to talk about the specificity of the expression of competitiveness in the jurisdic-tional process of the type under consideration, to establish the ratio of its main elements in it, and also to characterize the existing forms.