Prospects for Improving Administrative Court Proceedings in Russia

Abstract

The article analyses the main scientific approaches to the problem of implementation of administrative justice (administrative court proceedings) in the Russian Federation. After the Code of Administrative Procedure of the RF entered into force, a new branch of law has actually evolved with a specific subject matter and method of legal regulation. At the same time, the analysis of a number of scientific works led to the conclusion that the valid administrative procedural legislation is largely composed of procedural rules taken from civil court proceedings. In addition, based on the study of the experience of establishing and implementing administrative justice in the Republic of Crimea during the Ukrainian period of its history, and the study of scientific works containing statistics concerning the number of cases dealt with by the courts of general jurisdiction that are now subject to the provisions of the Code of Administrative Procedure of the Russian Federation (RF CAP), the authors conclude that it is not appropriate at this time to establish a separate specific system of administrative courts in Russia . However, the authors do not exclude the possibility to revert to this matter in the future if certain changes in social relations will take place, administrative procedural sciences will develop, jurisdiction concerning certain categories of cases and the results of the enforcement activities of the courts with regard to the application of the RF CAP will be modified. Ascertaining the fact of administrative proceedings having been established in Russia, the authors believe that in order to develop a separate science of administrative procedure a further study of theoretical problems in this field, an analysis of the practice of applying existing administrative procedures and subsequent amendments and improvements to the RF CAP will be necessary.