The Concept of an Administrative Act in the CIS countries: Comparative Legal Analysis

Abstract

The article is devoted to the concept of an administrative act, which is developing in the friendly legal systems of the CIS countries, considered in three aspects: doctrine, legislation and judicial practice. It is stated that the Russian theory of administrative act, on the one hand, is a creative development of the French and German doctrine, and on the other hand, it continues to have a certain influence on the post-Soviet space. On the contrary, in terms of legislation on administrative acts, Russian reality is lagging behind, since the rest of the CIS countries have already adopted westernized laws that, along with the rules on administrative procedures, also establish the material legal basis for the institution of administrative acts. Finally, it is substantiated that in terms of judicial practice on issues of control over the legality of administrative acts, the Russian legal system, despite a certain lag in the regulatory framework, is among the progressive among other CIS countries. The conclusion about the advisability of integrating the achievements of the CIS legal systems for the purposes of their further development is substantiated.