Non-Judicial and Judicial Administrative Procedure Law of Russia as the Crown of the Integrative Concept of Administrative Process
- Authors: Stakhov A.I.1
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Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 4 (2025)
- Pages: 22-34
- Section: Public law (state law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364469
- DOI: https://doi.org/10.37399/issn2072-909X.2025.4.22-34
- ID: 364469
Cite item
Abstract
Currently, a number of competing and even mutually exclusive doctrinal approaches to understanding the administrative process and, accordingly, administrative procedural law have been formed in the Russian Federation. In the absence of constitutional grounds, the managerial concept of the administrative process, developed in accordance with the Soviet constitutions, is actively used. The inevitable development of domestic administrative procedure legislation, based on para. “k” of pt. 1 of Art. 72 of the Constitution of the Russian Federation, encourages supporters of the managerial concept of the administrative process to try to modernize their scientific worldview, turning a blind eye to the actively developing judicial administrative process in Russia. At the same time, another group of administrative scientists is found who deny extrajudicial administrative procedural forms. An effective means of consolidating the scientific community in matters of administrative process and administrative procedure law is the integrative concept of administrative process, which has been formed and is actively developing in strict accordance with the Constitution of the Russian Federation and the current administrative procedure legislation of the Russian Federation.
The purpose of the work is a comprehensive study of doctrinal approaches to understanding administrative process and, accordingly, administrative procedural law, which have now been formed in the Russian Federation. The objectives of the study are: 1) a comprehensive assessment of doctrinal approaches to the administrative process in comparison with the current version of the Constitution of the Russian Federation and the current administrative procedure legislation of the Russian Federation; 2) a comprehensive assessment of doctrinal approaches to administrative procedure law in comparison with the current version of the Constitution of the Russian Federation and the current administrative procedure legislation of the Russian Federation.
The study used systematic, logical, formal and legal methods.
Brief Conclusions. Based on the analysis of the Constitution of the Russian Federation and the administrative procedure legislation of the Russian Federation in the article: 1) a comprehensive assessment of the doctrinal approaches to the administrative process that are currently formed in the Russian Federation is given; 2) the doctrinal approaches to administrative procedural law that are currently formed in the Russian Federation are presented and evaluated in a complex; 3) from the perspective of the integrative concept of the administrative process, a general description of the subject, method, system, and there are also sources of administrative procedural law of Russia that scientifically substantiate the independence of this branch in the legal system of the Russian Federation.
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About the authors
Alexander I. Stakhov
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: alexander-stakhov@ya.ru
ORCID iD: 0000-0002-7726-1204
Doctor of Science (Law), Professor, Head of the Salishcheva Administrative Law and Procedure Department.
Russian Federation, MoscowReferences
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