The Importance of N. G. Salishcheva’s Scientific Heritage for the Formation of the National Doctrine of the Administrative Process
- Authors: Kaplunov A.I.1
-
Affiliations:
- St. Petersburg University of Ministry of Internal Affairs of Russian Federation
- Issue: No 4 (2025)
- Pages: 7-15
- Section: Public law (state law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364467
- DOI: https://doi.org/10.37399/issn2072-909X.2025.4.7-15
- ID: 364467
Cite item
Abstract
The Russian theory of the administrative process of the Soviet and post-Soviet periods is represented in the Russian Federation by various approaches to the concept and content of the administrative process as a type of legal process. Russian administrationists have no doubts about the existence of the administrative process, but so far they have not come to a consensus on its concept and structure.
The purpose of the study is to determine the degree of influence of N. G. Salishcheva’s scientific heritage on the formation of the national doctrine of the administrative process and the solution of tasks to establish the causes and directions of expanding N. G. Salishcheva’s views on the concept and content of the administrative process.
The study used systematic, logical, formal and legal methods.
Brief Conclusions. Based on the analysis of the reasons and directions for expanding N. G. Salishcheva’s views on the concept and content of the administrative process, the author comes to the following conclusions: 1) the inclusion of “administrative proceedings” in the framework of the administrative process as its independent type, along with “administrative jurisdiction”, also occurred in connection with the adoption and consolidation in the Constitution of the Russian Federation of a political and legal decision on the creation of a new type of legal proceedings in Russia – “administrative”, and was the result of bringing Russian legislation into line with Western European standards, and not a consequence of the development of the domestic theory of the administrative process; 2) the inclusion of “administrative procedures” in the framework of the administrative process as an independent type of its “administrative procedures” is due to the need to form legislation on administrative procedures, as a necessary legal guideline containing formal legal criteria for assessing legality actions of executive authorities in the course of administrative legal proceedings. The modern Russian doctrine of the administrative process includes within its framework the procedural forms of activity of subjects of public administration and the procedural procedure for the consideration of administrative cases by courts in the framework of administrative proceedings and the consideration by judges of other categories of cases arising from administrative legal relations attributed to their jurisdiction.
Full Text
About the authors
Andrey I. Kaplunov
St. Petersburg University of Ministry of Internal Affairs of Russian Federation
Author for correspondence.
Email: and-kaplunov@yandex.ru
ORCID iD: 0000-0001-7298-8730
Doctor of Science (Law), Professor, Professor of the Administrative Law Department, Honored Worker of the Higher School of the Russian Federation.
Russian Federation, St. PetersburgReferences
- Salishcheva, N. G. Administrative procedure in the USSR. Moscow: Yuridicheskaya literatura; 1964. 159 p. (In Russ.)
- Sorokin, V. D. Questions of the theory of Soviet administrative procedural law. Abstract of Cand. Sci. (Law) Dissertation. Leningrad; 1968. 39 p. (In Russ.)
- Salishcheva, N. G. Citizen and administrative jurisdiction. Moscow: Nauka; 1970. 164 p. (In Russ.)
- Serkov, P. P. About Nadezhda Georgievna Salishcheva (introductory article). In: N. G. Salishcheva. The best works. Moscow: Russian Academy of Justice; 2011. Рp. 7–10. (In Russ.)
- Elistratov, A. I. On the establishment of legality in Soviet construction. Sovetskoe pravo = Soviet Law. 1922;(1):128-134. (In Russ.)
- Zagryatskov, M. D. Administrative justice and the right of complaint in theory and legislation (Development of the idea and principles of administrative justice. Administrative process and the right of complaint in Soviet legislation). Moscow: Pravo i zhizn’; 1924. 95 p. (In Russ.)
- Chechot, D. M. Administrative justice. Theoretical problems. Leningrad: Publishing House of the Leningrad University; 1973. 133 р. (In Russ.)
- Starilov, Yu. N. Administrative procedure in the system of modern scientific concepts of administrative justice. Gosudarstvo i pravo = State and Law. 2004;(6):5-13. (In Russ.)
- Lebedev, V. M. The formation and development of administrative justice in the Russian Federation. Journal of Russian Law. 2019;(6):5-13. (In Russ.)
- Salishcheva, N. G., Khamaneva, N. Yu. Administrative justice and administrative proceedings in the Russian Federation. Moscow: Institute of State and Law of the Russian Academy of Sciences; 2001. 66 p. (In Russ.)
- Salishcheva, N. G., Khamaneva, N. Yu. Administrative justice, administrative proceedings. Gosudarstvo i pravo = State and Law. 2002;(1):5-11. (In Russ.)
- Salishcheva, N. G. Problematic issues of the administrative process. In: L. L. Popov, M. S. Studenikina, eds. Administrative law and administrative process: actual problems. Moscow: Yurist; 2004. Рp. 221–232. (In Russ.)
- Salishcheva N. G. On some theoretical issues of the administrative process at the present stage of the development of the Russian legal system. Actual problems of administrative and administrative procedural law. Materials of the annual All-Russian Scientific and Practical Conference, dedicated to the memory of Doctor of Sciences (Law), Professor, Distinguished Scientist of the Russian Federation V. D. Sorokin (March 5, 2010). In 2 pts. Pt. 1. St. Petersburg: Publishing House of the St. Petersburg University of the Ministry of Internal Affairs of Russia; 2010. Рp. 27–28. (In Russ.)
- Kaplunov, A. I. Legislation on administrative proceedings and its impact on the further development of the theory of administrative process and the formation of administrative procedure law as a branch of law. Gosudarstvo i pravo = State and Law. 2016;(10):19-26. (In Russ.)
- Zelentsov, A. B., Kononov, P. I., Stakhov, A. I. Administrative process as a kind of legal process: modern problems of understanding and normative-legal regulation. Vestnik Sankt-Peterburgskogo universiteta. Pravo = Vestnik of Saint Petersburg University. Law. 2018;9(4):501-521. (In Russ.)
Supplementary files

