Abstract
In 2015 in Russian Federation the new Administrative Procedure Code was adopted. The Code uses the legal terms of action proceedings (administrative claim, administrative counterclaim, administrative plaintiff and defendant etc.) and determines “dispositive” rights of parties of administrative proceedings. The author’s intention is to analyze the scope of applying of the principle of party autonomy in administrative (judicial) proceedings. The article contains the comparative analysis of the principle in civil and administrative proceedings.
Highlights
In 2015 in Russian Federation the new Administrative Procedure Code was adopted
Courts of general jurisdiction are rendering justice guided by three codes: Civil Procedure Code2, Criminal Procedure Code and AdmPC
The administrative cases concerning economic matters are adjudicated by commercial courts under the Commercial Procedure Code of the Russian Federation
Summary
In 2015 in Russian Federation the new Administrative Procedure Code was adopted. The Code uses the legal terms of action proceedings (administrative claim, administrative counterclaim, administrative plaintiff and defendant etc.) and determines “dispositive” rights of parties of administrative proceedings. Specificity of the party autonomy principle in administrative proceedings assumes, in contrast to the civil proceedings, that the court overseeing the development of the judicial process and the disposition of the substantive rights.
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