NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and the judicial branch
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative law, municipal law and the judicial branch"
Administrative law, municipal law and the judicial branch
Pomogalova Y.V. - Improvement of Administrative and Legal Regulation of Judicial Control by Consideration of Administrative Cases with Participation of the Institutions and Bodies Executing Criminal Penalties pp. 38-50


Abstract: The object of the research is a complex of theoretical and practical aspects of the judicial monitoring over compliance with law realized during administrative legal proceedings appears bodies and institutions of penal correction system. Analysis of the legislation regulating implementation of judicial monitoring within administrative legal proceedings on cases of contest of decisions, actions (inactivity) of penal institutions, on cases of establishment of administrative supervision and the administrative offenses excited by officials of penal institutions is carried out, and also jurisprudence in this direction is researched. Formal and logical and comparative and legal methods have revealed signs of judicial monitoring, the directions of its implementation are analyzed during administrative legal proceedings on affairs with an involvement of institutions and organs of penal correction system. The novelty of research is caused by the analysis of the latest legislation and the modern jurisprudence, formulation scientifically reasoned suggestions for improvement of administrative law in the field of administrative legal proceedings. The main outputs of a research are suggestions for improvement of the list of the cases considered as administrative legal proceedings, to fixing within its carrying out a possibility of presentation of the civil suit and also making decision on conducting field court session, to extension of the competence penal correction system connected to hearing of cases about administrative offenses.
Kireeva E.Y. - Ensuring legality in the sphere of public management of judicial bodies pp. 47-55


Abstract: The research subject includes statutory instruments regulating the authorities of judicial bodies in the monitoring of legality of administrative acts and the official data of executive bodies on the results of this monitoring. The author considers the change of the legislation in the sphere of division of jurisdiction over cases in the sphere under consideration between different branches of judicial system; analyzes the authorities of judicial bodies in the monitoring of legality of administrative acts and the legal consequences of deeming administrative acts illegal. The article substantiates the necessity to strengthen legality in the judicial sphere by all legal means. The author applies the methods of system analysis, the comparative-legal, formal-logical and other methods accepted in modern jurisprudence. The novelty of the study is conditioned by the characteristic of the recent changes in the procedural legislation of the Russian Federation (the Administrative Procedure Code, the Civil Code, the Administrative Court Procedure Code of the Russian Federation) regulating the jurisdiction of cases on appeal against normative and non-normative acts of executive bodies and officials, the author’s systematization of subjects and objects of judicial supervision over legality of acts in the sphere of public management. The author concludes that at present, in order to ensure legality if the sphere of public management, it is necessary to improve forms and methods of its ensuring. The author states that it is necessary to develop legal regulation of legality ensuring. The novelty of the study consists in the proposals about the development of forms and methods of legality ensuring in the judicial sphere. 
Prizhennikova A.N. - Current situation in the legal regulation of administrative judicial procedure: possible solutions. pp. 70-85


Abstract: Topicality of the issue is due to the current reform of the judiciary in Russia, which is aimed at the formation of independent and fair judiciary. The judicial legal reform facilitates the further advancement of the normative legal basis, and the legislative basis is constantly being amended. The number of claims of natural persons and legal entities in courts becomes greater, and there is a practical discussion of the possibility to divide the judicial system according to the spheres of their competence. Currently within the framework of judicial reform the Draft Federal Law N. 246960 6 "The Administrative Judicial Procedural Code of the Russian Federation" was moved to the State Duma of the Russian Federation on March 28, 2013. It is aimed at the legal regulation of administrative judicial procedure in courts of general jurisdiction, while not encompassing the entire range of administrative judicial procedures, since the proceedings on the administrative offences cases is outside its scope. That is why, there are contradictions, and they shall not be abolished with adoption of the Code. The situation appears again, when the administrative judicial procedure shall be regulated by three Codes, which does not promote unified and efficient administrative justice.
Prizhennikova A.N. - Administrative justice in the modern world: topical issue. pp. 123-130


Abstract: In Russia theory and practice of administrative justice have long history: from the quasi-judicial institutions of administrative justice ("mixed" tribunals) headed by the First Department of the Governing Senate, which was characterized by a number of significant shortcomings in organizational and practical aspects to the partially formed model created by the Temporary Government.  Then the problem was seemingly solved in the Russian legal science in early XX century, which was reflected in the legislative definition of administrative justice as a form of judicial power. However, in the modern conditions the discussions on the primary justice models, which would be most adequate to the Russian situation, are revived. The approach of the representatives of the Supreme Arbitration Court of the Russian Federation is quite a vivid example, they offer to form a system of Administrative Chambers within the framework of administrative branch of government.  They should be accountable to the Administration of the President or to the Ministry of Justice at the federal level, and to the Plenipotentiaries of the President in the Federal Districts at the level of the constituent subjects of the Russian Federation. At the same time, the chambers may be specialized: tax, customs, anti-monopoly, currency regulation and control, cadastral reporting. It basically would mean making administrative justice a system of quasi-judicial institutions, which Russia used to have in the XIX century. Such a situation requires a cleare definition on the issues of correlation between the terms "administrative justice" and "administrative judicial procedure". The issues of formation and development of administrative justice were of interest to many administrative law scholars, such as D.N. Bakhrakh, A.B. Zelentsov, I.V. Panova, N.G. Salischeva, V.V. Skitovich, Y.N. Starilov, M.S. Studenikina, N.Y. Khamaneva, etc.  The author makes a conclusion that studies of the foreign experience may assist the Russian Federation in choosing the optimum approaches to the formation of its own model of administrative justice, using the practical experience. Russia needs administrative courts. Administrative cases should be dealt with within an independent administrative process, and to be regulated by the Administrative Judicial Procedural Code, which would establish methodology, other procedural acts on hearing and resolving cases arising from such legal relations. 
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