编号 4 (2025)

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.

 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.

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. 

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.

Problem statement. In the domestic science of administrative procedure, the features of proof when considering cases of administrative offenses by judges of courts of general jurisdiction have not been sufficiently studied. Such phenomena as empirical provisions and factual presumptions require recognition and understanding, according to the fact that similar phenomena are actively studied in other procedural sciences. Judicial proof in proceedings on cases of administrative offenses is devalued to elementary law enforcement activity, while it is mainly a subtle intellectual activity based on the life and professional experience of the judge.

For the last three centuries of the Russian state’s history the procuratorate, or procuracy, has played a special role in the state apparatus. This was contemplated recently, in particular, in Art. 129 of the Constitution of the Russian Federation, as amended in 2020. Such a role, in turn, is a prerequisite of the special status of the procurator not only in criminal and civil procedure, but also – and even especially – in administrative procedure, which was emphasized not only by Russian, but also by foreign authors. However, the issue of the procurator’s status in administrative procedure has not yet been studied enough, and existing studies consider only the judicial administrative procedure (administrative court procedure). At the same time the status of the procurator in non-judicial administrative procedure poses an interest not just from a scholarly, but also from a purely practical point of view. Studying the procuratorial supervision from an administrative procedural point of view using a modern integrative approach to administrative procedure is hence apparent. Although there is no general administrative procedure act in Russia and the regulations on administrative procedure are largely somewhat of a patchwork, the analysis of the procurator’s procedural status in the legislation on control and supervisory activities, as well as administrative penal, tax and some other laws allows to put together a classification of the procurator’s administrative procedural functions and to propose guidelines for the further development of the legislation with regard to them.
The purpose of the work is a comprehensive study of the administrative procedural status of the procurator in Russian non-judicial administrative procedure. The objectives of the study are: 1) defining the procedural status of the procurator as that of a representative of the general state public interest in non-judicial administrative procedure; 2) formulating the problem of patchwork, or fragmentary, regulation of non-judicial administrative procedure and, therefore, of the procurator’s status in various administrative proceedings.
The study used systematic, logical, formal and legal, as well as comparative methods.
Brief Conclusions. Based on the analysis of the norms of the administrative procedural legislation of the Russian Federation in the article: 1) the procedural status of the procurator as that of a representative of the general state public interest in non-judicial administrative procedure is defined; 2) a classification of the procurator’s administrative procedural functions in non-judicial administrative procedure (these include: initiating of a proceeding; intervening into an already initiated procedure; sanctioning; and resolving a dispute on jurisdiction) is proposed; 3) the problems of the legal regulation of administrative proceedings and the necessity of providing for a unified procedural status of the procurator in administrative proceedings is emphasized.