Principles of Modern Non-Judicial Administrative Process (Administrative Proceedings): Problems of Understanding and Systematization

Abstract

Introduction. In Russia, there is no framework law regulating the extrajudicial administrative process. This circumstance makes it necessary to define doctrinally the principles of resolving administrative cases before drafting the law on administrative procedures. The article attempts to develop and propose to the legislator non-declarative principles of extra-judicial administrative proceedings that could actually be applied in the practice of considering specific administrative cases. Both domestic and foreign scientific experience and administrative procedural legislation are taken into account. Theoretical Basis. Methods. The theoretical basis of the work is the concept of an integrative understanding of the administrative process. System, logical, formal-legal and comparative research methods were used. Results. The Russian legislation does not contain universal principles for the implementation of non-judicial administrative proceedings. The principles provided for by individual laws are general legal in nature and are not procedural. Such principles do not reflect the basic principles of the relationship between public and private persons in administrative cases. Historically, Soviet and post-Soviet approaches have focused on declaring the general legal basis of the administrative process and are not aimed at fixing the applied procedural principles of administrative proceedings in the legislation. In foreign countries, the instrumental principles of extrajudicial resolution of administrative cases are applied in practice. The main attention is paid to the standards of relations between public administration and private individuals. Administrative and procedural laws of post-Soviet states mostly duplicate the principles developed in western countries Discussion and Conclusion. The authors come to the conclusion that it is necessary to distinguish three groups of principles in Russian legislation, among which are: general procedural principles; general principles of extrajudicial administrative process; and special principles of administrative proceedings.