The Development of the Legal Theory and the Legislation of Russia along the Path of Formation of Administrative Judicial Procedure

Abstract

. The article offers an analysis of the history of legislation and legal doctrine through the prism of the relationship between the concepts of “administrative justice”, “administrative judicial proceedure”. At the same time, it is noted that, in contrast to the concepts of “civil procedure”, “administrative judicial procedure”, the concept of “administrative justice” has not received legislative consolidation. Its content has been and remains controversial for many years. The author set himself the goal of showing that the adoption of the Code of Administrative Judicial Procedure of the Russian Federation was the result of a historical process. The tasks of the researcher were to highlight the key events of this process and to interpret them. In preparing the article, a comparative historical research method was used. Based on the results, it is concluded that until 2015 in Russia there was no single and complete legislative act specifically designed to regulate administrative judicial procedure. This was due to the fact that the civil procedural form, as the most perfect and universal form of protecting of rights of citizens and legal entities, for a long time made it possible to quite effectively resolve disputes in the field of public administration. However, the need to develop administrative justice and improve guarantees of the rights of citizens and legal entities in disputes with the authorities led to the adoption of the Code of Administrative Judicial Procedure of the Russian Federation. As a result of its adoption, the concept of administrative judicial procedure for the first time acquired a certain legislative content. Today, administrative judicial procedure can be understood as a consideration and resolution by courts of general jurisdiction of cases provided for in Article 1 of this Code. The main thing is that with the enactment of the Code, a procedural form of administrative judicial procedure emerged, which has its own significant distinctive features and is intended for effective legal protection of the rights of citizens and legal entities in the field of public legal relations.