The article is devoted to the discussion of controversial issues of the Russian theory of admi nistrative procedure. Using the guide defined by an outstanding Russian researcher, Professor A.T. Bonner, who made a huge contribution to the development of procedural doctrine, and other well-known Russian scientists, the historical origins of modern administrative procedure with the special judicial proceedings that appeared in the Soviet period in cases arising from administrative legal relations are shown. The results of positivistic analysis of the essence of administrative procedure are presented, which is explored as a form of protection of rights and legitimate interests, as well as a form of judicial control over the public administration bodies’ activities. Close attention is paid by the author to the theoretical aspects of administrative and civil procedure correlation, to their legal nature identification. The problems of the independence of the legal form of administrative proceedings, its relationship with the civil procedural form and other procedural forms are investigated. Particular emphasis is placed on the discussion that has become widespread in Russian science about the Code of Administrative Procedure adopted in 2015, the conditions for its appearance, and its place in the system of Russian law. The article deals with the issues of autonomy of the rules of law regulating administrative proceedings, original method of its regulation, as well as the specifics of public relations arising in connection with the consideration of cases by courts due to the Code of Administrative Procedure. The undertaken research was an modest attempt to answer some of the questions that Professor A.T. Bonner raised in his scientific papers.
Translated title of the contributionACTUAL THEORETICAL ISSUES OF RUSSIAN ADMINISTRATIVE PROCEDURE
Original languageRussian
Pages (from-to)293-312
Number of pages20
JournalВестник гражданского процесса
Volume12
Issue number4
DOIs
Publication statusPublished - 2022

    Level of Research Output

  • VAK List
  • Russian Science Citation Index

    GRNTI

  • 10.00.00 STATE AND LAW. LEGAL SCIENCES

ID: 30865606