The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process
| Autor: | A. I. Stakhov |
|---|---|
| Jazyk: | ruština |
| Rok vydání: | 2021 |
| Předmět: |
administrative process
administrative procedure legislation judicial administrative process executive (out-of-court administrative process administrative case judicial administrative case out-of-court administrative case administrative-indicating norms administrative proceedings court public administration Law |
| Zdroj: | Сибирское юридическое обозрение, Vol 18, Iss 3, Pp 313-327 (2021) |
| Druh dokumentu: | article |
| ISSN: | 2658-7602 2658-7610 |
| DOI: | 10.19073/2658-7602-2021-18-3-313-327 |
| Popis: | The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
|