Administrative Proceedings in Arbitration Courts: Issues of Improving Legal Regulation

Arbitration courts consider administrative cases arising in the framework of the implementation of entrepreneurial and other economic activities by legal entities and individual entrepreneurs, the list of which is provided for in pt. 1 of Art. 29 of the Arbitration Procedural Code of the Russian Federation. At the same time, a number of issues remain unresolved in the regulatory legal regulation of administrative proceedings in arbitration courts, the presence of which entails the incompleteness of the legal regulation of the procedure for resolving certain categories of administrative cases attributed to their competence by these courts and, accordingly, introduces uncertainty into their activities. These issues include, among others, the following: 1) the relationship between the concepts of “arbitration proceedings” and “administrative proceedings in arbitration courts”; 2) the absence in Chapter 24 of the Arbitration Procedural Code of the Russian Federation of legal norms defining the specifics of consideration of administrative cases on challenging non-normative legal acts of state control (supervision) and municipal control bodies; 3) incomplete definition in the Arbitration Procedural Code of the Russian Federation of the subject composition of proceedings in arbitration courts in cases of administrative offenses; 4) the absence in paragraph 2 of Chapter 25 of the Arbitration Procedural Code of the Russian Federation of rules for considering cases challenging the decision to terminate proceedings in an administrative offense case, the idea of eliminating the causes and conditions that contributed to the commission of an administrative offense, the definition of refusal to initiate an administrative offense case; 5) the absence in the Arbitration Procedural Code of the Russian Federation of the rules for resolving administrative cases on cancellation, invalidation of licenses and other special permits. The presence of designated gaps in the Arbitration Procedural Code of the Russian Federation requires the development of appropriate proposals to eliminate them. 
The purpose of the study of the above-mentioned issues is to develop specific proposals to clarify and supplement the provisions of the current Arbitration Procedural Code of the Russian Federation, the implementation of which will eliminate the gaps existing in the regulatory legal regulation of administrative proceedings in arbitration courts. The objectives of the study are: 1) analysis of the provisions of the Arbitration Procedural Code of the Russian Federation governing administrative proceedings in arbitration courts and identification of gaps in their legal regulation of the procedure for consideration of certain ca­tegories of administrative cases; 2) study and generalization of the judicial practice of arbitration courts in administrative cases, the rules for resolving which are not fully regulated by Arbitration Procedural Code of the Russian Federation; 3) development of regulations that should be supplemented by the Arbitration Procedural Code of the Russian Federation in order to fill the gaps in it. 
In the course of the research, systematic, logical, formal and legal methods were used. 
Brief Conclusions. Based on the analysis of the norms of the Arbitration Procedural Code of the Russian Federation governing administrative proceedings in arbitration courts and judicial practice of their application in the article: 1) the individual, most significant issues of the regulatory and legal regulation of administrative proceedings in arbitration courts that require a decision are disclosed; 2) general provisions relating to administrative proceedings in arbitration courts and additional rules for resolving certain categories of administrative cases by them, which can be fixed in the Arbitration Procedural Code of the Russian Federation, are formulated.