Administrative and Compulsory Legal Proceedings in the Modern System of Judicial Administrative Procedure of the Russian Federation
- 作者: Landerson N.V.1
-
隶属关系:
- Russian State University of Justice named after V. M. Lebedev
- 期: 编号 4 (2025)
- 页面: 65-78
- 栏目: Public law (state law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364473
- DOI: https://doi.org/10.37399/issn2072-909X.2025.4.65-78
- ID: 364473
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详细
In the specialized legal literature, the question of the concept, types and characteristic features of administrative and compulsory legal proceedings carried out by courts of general jurisdiction and arbitration courts has not been comprehensively studied. With the adoption in 2015 of the Code of Administrative Procedure of the Russian Federation in the scientific works of scientists, administrative proceedings relate only to this procedural law. By virtue of pt. 2 of Art. 118 of the Constitution of the Russian Federation, judicial power is exercised, including through administrative proceedings, it is important to pay attention to the fact that the modern administrative procedure legislation of the Russian Federation is not limited to the Code of Administrative Procedure of the Russian Federation, but is also represented by the Code of Administrative Offences of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, regulating the procedure for carrying out proceedings by courts in certain categories of administrative cases, including in cases of administratively enforced torts involving the application of various types of judicial administrative measures compulsion. Accordingly, it seems necessary to pay attention to the variety of types of administrative and coercive proceedings carried out not only by courts of general jurisdiction, but also by arbitration courts regulated by a set of administrative procedural laws, as well as to some problematic aspects related to the fragmentation of the settlement of these types of administrative proceedings in the in the Code of Administrative Offences of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.
The purpose of the work is a comprehensive study of the characteristic features and types of administrative and compulsory legal proceedings in the modern system of judicial administrative procedure of the Russian Federation. The objectives of the study are: 1) theoretical substantiation of the concept, characteristic features and classification of administrative and coercive proceedings; 2) formulation of the problem related to the fragmentation of the settlement of administrative and coercive proceedings in certain categories of cases of administratively enforced torts entailing the application of judicial administrative coercion measures.
The study used systematic, logical, formal and legal methods.
Brief Conclusions. Based on the analysis of the norms of the administrative procedural legislation of the Russian Federation in the article: 1) the concept and features of administrative and compulsory legal proceedings are formulated; 2) the classification of administrative and compulsory legal proceedings in connection with the implementation of entrepreneurial and other types of economic activity into two types is proposed: non-economic (general jurisdiction) administrative and compulsory legal proceedings and economic (arbitration) administrative and compulsory legal proceedings, as well as their subspecies; 3) attention is focused on some problematic aspects of the fragmentation of the legislative regulation of administrative and compulsory legal proceedings.
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作者简介
Natalia Landerson
Russian State University of Justice named after V. M. Lebedev
编辑信件的主要联系方式.
Email: nvt888@mail.ru
ORCID iD: 0000-0002-8985-3653
Candidate of Science (Law), Associate Professor, Associate Professor of the Salishcheva Administrative Law and Procedure Department.
俄罗斯联邦, Moscow参考
- Stakhov, A. I., Landerson, N. V., Zyuzin, V. A., et al. New approaches to the modern theory of the administrative process in Russia. Monograph. Ed. A. I. Stakhov. Moscow: Russian State University of Justice; 2023. 448 p. (In Russ.)
- Landerson, N. V. Judicial administrative coercion in cases arising from control and supervisory legal relations. Actual problems of control and supervisory activities of public administration and judicial administrative process in cases arising from control and supervisory legal relations. Collection of scientific articles. Moscow: Russian State University of Justice; 2024. Рp. 69–79. (In Russ.)
- Landerson, N. V. The concept and system of administrative tort cases resolved during extrajudicial and judicial administrative proceedings. In: A. I. Stakhov, N. V. Landerson, eds. Formation, development and integration of extrajudicial and judicial administrative proceedings in the Russian Federation. Collection of scientific articles. Moscow: Russian State University of Justice; 2023. Pp. 98–108. (In Russ.)
- Landerson, N. V. Оn the integrative interconnection of extrajudicial and judicial resolution of administrative-tort cases. Sibirskoe yuridicheskoe obozrenie = Siberian Law Review. 2021;18(3):339-349. (In Russ.)
- Stakhov, A. I., Landerson, N. V. Public administration in Russia: the concept, system and structure. Administrativnoe pravo i protsess = Administrative Law and Procedure. 2021;(10):4-15. (In Russ.)
- Zelentsov, A. B. Administrative and procedural responsibility as a legal category. In: Yu. E. Avrutin, A. I. Kaplunov, eds. Actual problems of administrative and administrative procedural law. Collection of articles based on the materials of the annual All-Russian Scientific and Practical Conference. St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation; 2018. Рp. 223–230. (In Russ.)
- Salishcheva, N. G., Khamaneva, N. Yu. Administrative justice, administrative proceedings. In: N. G. Salishcheva. The best works. Moscow: Russian Academy of Justice; 2011. Рp. 402–403. (In Russ.)
- Stakhov A. I. Administrative and coercive measures applied in extrajudicial and judicial administrative procedure in the course of state control and supervision. Vestnik Saratovskoj gosudarstvennoj yuri-dicheskoj akademii = Bulletin of the Saratov State Law Academy. 2019;(3):108-117. (In Russ.)
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