Administrative Procedural Law Research Articles

Analysis of state administrative court procedural law: A recent review and its practical implications

Analysis of state administrative court procedural law: A recent review and its practical implications

GENERAL PRINCIPLES OF ENFORCEMENT PROCEEDINGS IN ADMINISTRATION

Numerous general principles are used in administrative enforcement proceedings, which mainly take a directival form. In the study, research has been focused on the description and analysis relating to general rules of law, principles of administrative law and principles of administrative procedure used in enforcement proceedings. However, special attention was paid to the general principles having their source in the Law of June 17, 1966, on Administrative Enforcement Proceedings.The aim of this research is an attempt to synthesize these principles and show their role in involuntary proceeding. When starting the research, a research hypothesis was put forward, which assumes that the application of general principles in enforcement proceedings in administration guarantees their correct course, and the principles themselves are a set of norms shaped mainly by legal provisions. The analyses carried out allowed to confirm the thesis and to identify a number of de lege ferenda conclusions, indicating the need to revise some rules. First of all, attention was drawn to the lack of terminological consistency regarding the general principles of enforcement proceedings. Further attention was paid to the need for legislative changes regarding the formation of the principle of conducting enforcement in a manner least burdensome for the obliged, which in the author’s opinion is too general. Another conclusion is the demand for a revision of the provisions of Articles 8 to 10 of the Law on Administrative Enforcement Proceedings. These provisions, which are a manifestation of the principle of respect for the minimum subsistence, are outdated and do not reflect the current situation, especially of farmers.

Units of time used in calculating administrative and procedural time limits

Temporal-legal regulation of administrative-procedural legal relations is directly related to the rules of calculating time limits, the uniformity of which determines the effectiveness of administrative process as a whole. The article is devoted to the study of time units used in calculating administrative-procedural time limits. It proposes the definition of the category calculation of administrative-procedural time limit and highlights the principles of its calculating including uniformity, clarity, and reasonableness. Temporal regulation of administrative process by means of such units of time as day, sutki (day and night), week, decade, month, quarter, and year is also in the focus. The units of time used in calculating the time limits in administrative procedural law are divided into micro- and macro-units. The existing range of problems in legal regulation of administrative procedural legal relations through the day category is outlined. The article also looks at specificity of the legal nature of non-working days established in the pandemic period and highlights chaotic and discordant use of temporal units sutki and day in the administrative process. The author proposes to refrain from calculating administrative-procedural time limits by calendar values of sutki, week, month and a half .

Peace agreement (reconciliation) in civil and administrative jurisdiction: a comparative aspect of the study

The article is devoted to a comparative legal study of the institution of settlement agreement (conciliation) in the fields of civil procedural and administrative procedural law.
 The main purpose of the article is to highlight the significance of the settlement agreement in civil and administrative processes. Attention is drawn to the fact that when a settlement agreement is concluded and approved by the court, the parties have the right to independently choose a way out of the conflict situation, while the court is released from the obligation to review the merits of the case for which proceedings have already been opened. The value of the settlement agreement is to encourage the parties to voluntarily fulfill their obligations, thereby reducing the burden on enforcement agencies. Therefore, the right to conclude a settlement agreement in administrative and civil processes is an important procedural tool that contributes to the successful protection of the rights and interests of the participants in the process and the parties to the case, as well as relieves the court’s activity in considering court cases.
 A comparison of the normative and legal regulation of the settlement agreement by the norms of the Civil Procedure Code of Ukraine and the Code of Administrative Procedure of Ukraine is carried out. The commonality of legislative approaches in solving such issues as who can conclude a peace agreement (reconciliation) is noted; the possibility of the parties to go beyond the scope of the dispute when concluding a settlement agreement (conciliation statements); availability of a written settlement agreement (reconciliation) of the parties; the court’s duty to explain to the parties the procedural consequences of approving a settlement agreement (reconciliation); the court’s obligation to check the terms of the settlement agreement (reconciliation) before approving them; fixing the terms of the settlement agreement (reconciliation) in the court decision, which simultaneously closes the proceedings in the case; the presence in most cases of identical reservations regarding the impossibility of approving a settlement agreement (reconciliation) of the parties, etc. On the other hand, distinctive features of the normative regulation of the settlement agreement and the reconciliation of the parties in civil and administrative proceedings, respectively, are noted. Based on this, it is proposed to improve domestic legislation in the field of civil and administrative jurisdiction.

Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)

The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".

The Concept and Types of Administrative and Economic Affairs Arising from Decentralized Spheres of Control and Supervisory Relations

The article is devoted to the theoretical study of administrative and economic cases arising in decentralized spheres of control and supervisory relations as an objective category of administrative procedural law necessary for the construction and improvement on objective scientific grounds of the system of procedural forms of resolution of relevant extrajudicial administrative cases, as well as court administrative cases derived from them in order to ensure full protection of the rights of Russian citizens on the basis of balance of interests. In particular, approaches to the definition of the concept of administrative and economic affairs are substantiated, its most significant categories are identified, a set of theoretical conclusions and proposals is substantiated for practical purposes of improving legal regulation, judicial and extrajudicial law enforcement.

Procedural Challenges of Cross-border Cooperation and Consistency in Personal Data Protection in the EU

Abstract Data protection is an increasingly important topic in the European administrative field at national and cross-border levels. Such a trend reflects different phenomena in contemporary society, which further leads to a more focused concern for a harmonised elaboration by the Member States despite their autonomy, in principle, regarding EU law implementation. However, as revealed by the Slovenian case in this article, the European Data Protection Board and national supervising authorities, mostly information commissioners, express the need to regulate some issues more decidedly. Interestingly, yet not surprisingly, their focus is on procedural aspects, as according to administrative science and several European Commission documents, procedure strongly influences the results. As a result, the article elaborates on the relevant procedural issues to be addressed to ensure a harmonised enforcement of the General Data Protection Regulation (GDPR) in force since 2018. Various research methods are employed, combining qualitative, normative, and comparative analyses and quantitative approaches, emphasising statistical data obtained from annual reports for 2020, 2021, and 2022. The results show a lack of procedural provisions in several aspects, including the definition of the parties to the procedure and their defence rights, particularly access to the file, to be heard, and complain, as well as one-stop-shop access to legal protection, deadlines, and investigation powers. Such gaps are expected to be covered by procedural institutions enshrined in National Administrative Procedure Acts (APA). However, as suggested by the Slovenian experience, such a solution is minimal due to differing national regulations and relatively low awareness of APA relevance in data protection even among supervising authorities. Hence, the authors argue that there is a need to develop and adopt standard EU rules to regulate such issues. Points for Practitioners The article refers to data protection within theoretical, normative, practical, comparative, and national dimensions. In addition to analysing statistical data regarding procedural issues of cross-collaborative application of GDPR in the Member States - primarily Slovenia - the article provides practical implications of legislative, organisational, and IT adaptations required for harmonising EU-wide enforcement of GDPR. The insights provided herein can support the development of similar solutions in other EU countries. Therefore, the research findings are relevant for practitioners from various European administrations who are in charge of implementing GDPR and, specifically, supervising its implementation, as well as for policymakers and legislators in their respective areas of data protection and administrative procedural law. The findings will also benefit the European Commission when drafting new legislation to enhance cooperation and consistency between Member States in enforcing personal data rights set by GDPR.

Environmental protection barriers in Indonesia in the form of Administrative Effort

In Indonesia, environmental protection is closely linked with administrative policy. The Indonesian government has recognized the importance of protecting the environment and has implemented various policies and regulations to promote sustainable development. One of the main administrative policies in Indonesia related to environmental protection is the Environmental Impact Assessment (EIA). Before a project or activity is permitted, the potential environmental implications are assessed through the EIA process. This policy is mandated by law and is enforced by the Ministry of Environment and Forestry. Environmentalists have long criticized the EIA process due to its untransparent process. Various complaints and lawsuits about the validity of the EIA have arisen through the Administrative Court in Indonesia. However, these lawsuits are often not accepted because they need to comply with the state administrative court procedural law, which will be the focus of this paper.

Conceptual Problems of Identifying Monopolistic Agreements and Other Monopolistic Actions

Introduction. The article is devoted to conceptual issues and problems of identifying monopolistic agreements and other monopolistic actions in the context of the tasks of applying the methodology of economic and legal analysis in antimonopoly law and practice for the purpose of improving the effectiveness of antimonopoly policy, improving the quality of resolving administrative and judicial cases arising from the application of antimonopoly legislation. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence and economic sciences, primarily the methodology of economic and legal analysis, the economic analysis of competitive markets and antimonopoly regulation, public, primarily administrative and administrative procedural law, antimonopoly (competition) law, business law and related scientific fields. The methodological basis of this research is a complex of philosophical, general scientific and private scientific methods of cognition, including the balance of interests as a based on the convergence of legal ideas of justice and interest philosophical basis for developing optimal legal solutions in regulation and law application, dialectical, hermeneutic, formal legal, comparative legal, comparative historical, economic and legal analysis, legal sociology, etc. methods. Special attention is paid to the method of economic and legal analysis. Results. Using the elements of a retrospective comparative-historical analysis, the differences of the modern system of antimonopoly regulation are revealed, the peculiarity of which is the ontological connection of law and economics. This determines the need to create conditions for the integration of high-quality economic and legal analysis sufficient for the objective resolution of antimonopoly cases into the current system of means of countering monopolistic activity, as well as the resolution by courts and administrative bodies of various categories of cases arising from the application of antimonopoly legislation. From the standpoint of the principles of balance of interests, proportionality (efficiency, rule of reason), economic and legal analytical approach to assessing the legality of market behavior, law enforcement practice, official acts of judicial interpretation, especially the “antimonopoly” resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 4, 2021, are considered. Its importance for the further implementation of the economic and legal analytical method in antimonopoly science, legislation, practice in order to increase the effectiveness of antimonopoly policy, to ensure the socio-economic interests of citizens, society, and the state is emphasized. Discussion and Conclusion. As a result of the study, proposals aimed at ensuring constitutional goals and values in antimonopoly regulation and practice related to the implementation of the economic and legal analytical approach, ensuring the principles of balance of interests and proportionality (efficiency, rule of reason), including proposals to amend Article 13 of the Law “On Protection of Competition”, correction of the objectives of antimonopoly legislation, the use of economic expertise in the antimonopoly process, etc. In particular, the proposals on the need to expand the scope of Article 13 of the Law “On Protection of Competition”, revision of the concept of per se in Russian antimonopoly regulation and law enforcement are substantiated.

Международная научно-практическая конференция «Актуальные проблемы административного и административно-процессуального права» (Сорокинские чтения) (24 марта 2023 г., Санкт-Петербург)

Abstract: On 24 March 2023, the plenary session of the international scientific-practical conference («Sorokin Readings») was held at the St. Petersburg University of the Ministry of Internal Affairs of Russia By the day of the event the materials of the conference have been published in electronic form, including 195 articles reflecting the content of scientific reports, in preparation of which 216 authors from 59 scientific and educational organisations took part, including 11 authors from 6 foreign countries (Republic of Belarus, Republic of Kazakhstan, Republic of Uzbekistan, Kyrgyz Republic, Republic of Tajikistan, Republic of Armenia), 24 Doctors Sci. (Jurid.), 100 Candidates Sci. (Jurid.), including 22 professors, 66 associate professors, 7 employees of practical bodies of internal affairs of the Ministry of Internal Affairs of the Russian Federation.
 At the plenary session of the conference there was an exchange of ideas on problematic issues of modernisation of public administration, administrative and administrative-procedural law, theoretical and applied problems of improvement of legislation on administrative infractions and administrativejurisdictional activity, problems of ensuring security and public order, improvement of police and other law enforcement activities. At the end of the conference, the results were summed up.

Administrative justice of Germany: development prospects

The article is devoted to the prospects for the development of administrative justice in Germany. On the wave of reforms initiated to a large extent by European law, there were those states in which administrative- legal protection was traditionally aimed primarily at ensuring the integrity of the objective legal order and for a long time did not pay enough attention to the protection of citizens in urgent cases and in case of administrative inaction. In contrast, in Germany, where administrative procedural law is characterized by the concept of subjective legal protection and the right to effective legal protection has been guaranteed at the constitutional level since 1949, the need for change has been negligible.
 The dynamism that has characterized the development of administrative justice in many European states since the 1990s will continue in the coming years and will further change administrative and legal protection. In the Federal Republic of Germany, which is characterized by a paradigm of subjective legal protection, legal protection will be enriched by prosecutorial actions from associations and possibly citizens. This applies primarily to those areas where legal norms for the protection of certain public interests suffer from the structural weakness of law enforcement, which is partly caused by the fact that there is no possibility for individual actions in case of violation of these norms.
 There is a need to fill gaps in legal protection at the European and international levels. It is necessary to pay attention to the elimination of gaps in legal protection not only in the law of the European Union, but also in relation to possible violations of rights by the measures of international organizations. As long as effective legal remedies do not exist there, the European Union and its Member States must offer alternative legal protection, which is also based on universal guarantees of respect for human rights. Alternative conflict resolution mechanisms will continue to be tested. Out-of-court and judicial mediation will become more important. However, given the principle of administrative legality, their scope will remain limited. Serious changes in legal protection may occur due to the adjustment of the ratio between administrative and judicial means of protection. In particular, in the case of decisions on complex technical, economic, social and environmental issues, as well as decisions that must take into account a large number of interests, it may be functionally appropriate to strengthen control at the administrative level.
 Digitization will change not only the internal working processes of the courts, but also the communication between those seeking legal protection and the courts. It can provide greater transparency for all participants in the process, but it can also make access more difficult for those who have difficulties communicating with new media. Therefore, when implementing e-justice, special care should be taken to avoid a digital divide in legal protection. In addition, the digitalization of the judicial system has great potential to support judges in their work, not to replace them.

Principles of administrative legal proceedings in modern conditions: scientific and legal aspect

The article is devoted to a scientific and theoretical study of the principles of administrative legal proceedings in the updated conditions of the Ukrainian State development, based on the needs for high-quality provision and implementation of legal rights, freedoms and interests of individuals and legal entities in the field of public law relations. It has been established that the principles of administrative proceedings at the current stage of development of administrative procedural law should be understood as the basic, initial rules which are stipulated by the provisions of national legislation, as well as generally accepted provisions of international law and standards of administration of justice, and which determine the organisational and functional (procedural) conditions for the administration of justice in administrative cases, and which are reflected and enshrined in the relevant provisions of the Code of Administrative Procedure of Ukraine. It has been noted that by their functional purpose, the principles of administrative justice form a stable basis for the functioning of the mechanism of administrative and procedural regulation.
 Based on the analysis of the existing scientific developments on this issue, the author supports and further develops the scientific position on determining the characteristic features inherent in the principles of administrative justice in the modern context, namely a) each principle is based on a certain idea, determined by the socio-legal and ideological values of public life, the state and law at this stage of development and functioning; b) the principles have an external expression, i.e. they are textually concentrated in the norms of administrative procedure legislation and reflect the content, essence and internal structure of administrative proceedings, the entire process of the dynamics of its implementation; c) the principles perform a safeguarding function, as they contribute to the main task of administrative proceedings to ensure the proper level of exercise and protection of individuals and legal entities of their rights, freedoms and legitimate interests from violations by public authorities; d) each principle should be logical and scientifically grounded, internally balanced, aimed at ensuring the orderly administration of justice in administrative cases, while not repeating the content of other principles of administrative justice and not contradicting each other.

ПРЕЗУМПЦИЯ ВИНОВНОСТИ И ОБЪЕКТИВНОЕ ВМЕНЕНИЕ ПО ДЕЛАМ ОБ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЯХ, ПОСЯГАЮЩИХ НА ОБЩЕСТВЕННЫЙ ПОРЯДОК НА СОВРЕМЕННОМ ЭТАПЕ РАЗВИТИЯ АДМИНИСТРАТИВНО-ПРОЦЕССУАЛЬНЫХ ОТНОШЕНИЙ

The article deals with the issues of the modern approach to the definition of public order, understand-ing the essence of administrative offenses that encroach on public order in the current realities, which are due both to the evolution of administrative procedural law and the general digitalization of all spheres of society. Attention is drawn to the fact that the academic understanding of the above concepts is outdated and requires transformation, taking into account the specifics of globalization and the widespread introduction of telecommunications in all spheres of life of modern society. The article also discusses debatable issues about the presumption of guilt and objective imputation in proceedings on cases of administrative offenses that encroach on public order at the present stage of development of administrative procedural law.

Some features of disciplinary proceedings in the National police under the conditions of marital state

The article analyzes the peculiarities of disciplinary proceedings in the National police under martial law. The relevance of the study of the specifics of disciplinary proceedings in the bodies of the National Police, which is due to the specifics of the service of police officers under the conditions of the legal regime of martial law, is revealed. It has been established that disciplinary proceedings are a structural element of the administrative jurisdictional process and are understood by the author as a set of successive interrelated actions of participants in disciplinary proceedings, regulated by the norms of administrative procedural law, aimed at consideration and resolution of disciplinary cases regarding bringing police officers to disciplinary responsibility for committing a disciplinary offense. The importance of the legal regulation of the mechanism for suspending the statute of limitations for disciplinary liability is emphasized, which contributes to the effective implementation of the principle of inevitability of punishment for committing a disciplinary offense. The need for regulatory clarification of the procedure for summoning police officers to give explanations within the framework of disciplinary proceedings has been expressed, as it does not provide for the existence of a normatively defined summons form. The need to detail the legal construction of «another position» in the context of the temporary performance of duties by a police officer removed from the main position is substantiated. Attention is focused on the uncertainty of the organizational subordination of a suspended police officer, who hypothetically can temporarily perform duties both in the same structural unit and in another one. Typical violations of law and discipline in the activities of police officers are singled out, including: illegal administrative detention of citizens; violation of the requirements of the law when using special means when detaining persons; unjustified detention of detainees for more than three hours and cases of entering into the protocols on administrative detention an inaccurate time of actual detention of violators; groundless stopping of vehicles; violation of the requirements of Article 221 of the Code of administrative offenses regarding the consideration of cases of administrative offenses committed by minors; ignoring the requirements for informing the Regional centers for the provision of free secondary legal assistance about the detention of a person; failure to inform relatives of citizens detained for committing administrative offenses about their whereabouts; violation of the requirements of Art. 33, 36, 277-284 of the Code of administrative offenses on the terms and procedure of consideration of cases, the limits of the imposition of fines, the content of resolutions, their delivery to violators; abuse of power and official authority by the police; violation of norms of professional ethics, etc.

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The purpose of this paper is to analyze the importance of the existence of the instructing body, as well as other guarantees in the Sanctioning AdministrativeProcedure in charge of the State Procurement Court from an Administrative and Constitutional point of view, in application of what is established in the Law of General Administrative Procedure and the criteria of various Resolutions issued by the Constitutional Court.

Exploration on the Effectiveness of Incidental Review of Normative Documents

The newly revised Administrative Procedure Law in 2014 established an incidental review system for normative documents of administrative litigation in China. The establishment of this system is a great progress under the background of legal construction in Socialism with Chinese characteristics, which has shifted the boundary between administrative power and judicial power. Based on the legislative intent and extensive case data, this paper analyzes the present situation of incidental review of normative documents, so as to further explore the dilemma that the results of incidental review of normative documents are not binding on other courts and the enforcement effect of incidental review of normative documents is weak. Based on the practical experience of normative review system in developed countries, this paper puts forward three solutions: establishing guiding cases, information circulation within the judicial system and establishing the revocation system of people's courts, in order to understand the effectiveness of incidental review of normative documents more deeply.

E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law

The existence of electronic information electronic documents has been recognized as valid evidence and is a continuation of the evidence in the applicable Procedural Law in Indonesia, that electronic information and/or electronic documents use electronic systems with the provisions of Law Number 19 of 2016 which amends Law Number 11 of 2008 concerning ITE. The writing focuses on highlighting two legal issues related to the submission of electronic evidence in the e-court evidentiary system, namely regarding the problems faced in efforts to legitimize electronic evidence in proving a case and a proportional mechanism facing the problem of the legitimacy of electronic evidence The complete discussion of electronic courts which includes the evidentiary stage has not taken place due to various obstacles, among others, regulation, availability of supporting facilities and human resources (HR). The study of this legal issue is important in order to optimize the work of electronic justice, so that the modernization of the judicial system is carried out more quickly with an IT approach, if only to realize the vision of the Supreme Court and ensure better access to justice in the future. As a result of this study, it was concluded that the validation process of electronic evidence in electronic evidence is an important stage that cannot be excluded in determining the validity of electronic evidence and the importance of strict digital judicial procedures in the process of validating electronic evidence.

The Construction of an Academic System for Administrative Law in China

In terms of principle, the intrinsic structural elements of the academic system of Chinese administrative law can be divided into three components: the positive law (de lege lata) system, the theoretical system and the system of methodology. As the foundation of the academic system, positive law mainly consists of the normative and institutional systems of administrative law; as the heart of the academic system, the theoretical system contains the theoretical basis, the system of basic principles and the system of categories of administrative law; and the system of methodology is the link and the conversion mechanism between positive law and the theoretical system, including the three research methods of politico-legal jurisprudence, Rechtsdogmatik (legal dogmatics) and social science jurisprudence. Along with institutional practice and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law (1989), the academic system of administrative law in China has been maturing. However, we are conscious that problems still exist. The basic approach to achieving further innovation includes advancing the construction of basic administrative law through codification; enhancing academic quality by jurisprudential thinking; shaping Chinese characteristics by rule of law practice; and carrying forward the whole academic system in a complete form.

Features of consideration of cases on challenging the laws of the subjects of the Russian Federation on administrative offenses

According to the Constitution of the Russian Federation, administrative and administrative procedural law are jointly administered by the Federation and its regions. The article, based on the analysis of the practice of consideration by courts of administrative cases on challenging normative legal acts adopted by legislative bodies of state power at the regional level, highlights the features of consideration, identifies problematic issues and prospects for the rule-making of state bodies of public authority of the subject of the Russian Federation. The laws of the constituent entities of the Russian Federation on administrative offenses are also joint issues of federal and regional legislative authorities. When appealing against such regulations, the courts are guided by both the Administrative Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. The main conclusion of the study is that there is currently a judicial practice on challenging the laws of the regions of the Russian Federation on administrative offenses that contradict federal legislation. Despite detailed checks of the laws before adoption, the problem of the existence of illegitimate regional laws remains relevant. Specific examples are given on the adoption of regional acts on administrative offenses with exceeding the powers of a subject of the Russian Federation. The novelty of the research lies in the assessment of the current state of legislation and judicial practice of its implementation. The author's special contribution to the research of the topic is to identify ways to further improve and prospects for the development of the procedure for adopting and challenging regional laws on administrative offenses. The practical significance of the research lies in the development of scientifically-based proposals for additional in-depth understanding and development of legal relations in the field of rulemaking at the regional level, including from the point of view of judicial norm control.

Methodological principles of studying the essence of public administration bodies as subjects of administrative procedural law

The purpose of the study was to clarify the methodological foundations of the essence of public administration bodies as subjects of administrative procedural law. The methodology of scientific work is determined by the optimal combination of general and special methods of scientific knowledge, which made it possible to form a holistic understanding of the legal form of social phenomena accompanying the development of the state. It is proved that administrative procedural law has its own system, the primary element of which is the administrative procedural norm, so that its normative impact coincides with the purpose of administrative procedural law, namely the practical implementation of administrative and legal norms in the field of public law and, by extension, public administration, i.e. the transformation of substantive administrative law norms at the level of practical implementation of a particular right of a person. The system of administrative procedural law, consisting of rules, institutions and administrative procedural sub-sectors, stands out. Everything leads to the conclusion that the system of administrative-procedural law is in the formative stage and is structurally composed of administrative-procedural norms, institutions and sub-branches and is essentially related to the substantive norms of administrative law.