Administrative justice is the... Definition, objectives, principles and types

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2018-03-25 16:28:14

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Administrative proceedings – activities of the courts by consideration of disputes of citizens and organizations with public authorities. It is governed by the CAS and other laws.

The Concept of administrative procedure

Administrative proceedings-a system of dispute resolution that arose on a common basis. In fact, still alive discussion about the nature and boundaries of the administrative proceedings. Some lawyers believe that part of it is matters that are subject to review under the administrative code.

administrative proceedings is

At the moment the legislator holds a different concept, which is implemented through the adoption of Cao and CAS.

Relation to the civil process

Unfortunately, on its face, the scope of civil and administrative procedure is not to distinguish between. How to determine which field is the case with the participation of officials, if there are no recorded procedure codes?

courts of administrative proceedings

In 2015, issued a letter to the armed forces since the signature of the Chairman of Board on civil cases. The document quite clearly described, which category includes, for example, pension disputes and cases of inaction of the officials in question, the formulation of housing policy. The letter provoked a resonance among practitioners, however, do not consider it impossible. Besides, it fills a legislative gap.

Administrative action

Administrative law judge considered the disputes between authorities and citizens or organizations. In article 1 of the CAS is given a full list of cases that are related to the administrative process.

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What it is? Questions:

  • About violation of electoral rights;
  • Challenging the legality of the acts or omissions of the authority or the military authority, a separate officer;
  • Challenging the legality of a normative act;
  • Challenging the legality of non-normative acts (individual acts, for example, of the order of imposition of penalty on a soldier);
  • Challenging the actions and inaction of the qualification collegiums of judges;
  • Compensation for the violation of reasonable time of proceedings;
  • The obligation of paying taxes and tax penalties;
  • About the legality of the existence of the media, political parties and religious organizations;
  • Deportation of foreigners or stateless persons;
  • On hospitalization in a psychiatric or tuberculosis hospital.

The Courts adjudicating administrative disputes

Administrative proceedings – activities of courts of all levels: global, district, regional, provincial, national and Supreme court of the country.

The bulk of the cases deals with the global and district courts in the first instance.

civil and administrative proceedings

The plaintiff must select a court based on the domicile of the defendant with the exceptions noted in the law.

The First instance for some cases serve the courts of the second level (the courts of the region, region, country, cities of Federal significance). In some cases, the plaintiff is given the right to choose which court to turn.

The system of courts of administrative proceedings only the courts of law. For example, if a commercial organization wants to challenge the actions of the officer or authority or the legitimacy of a regulatory act, it appeals to the arbitration court. Tax disputes involving commercial organizations are also in the system of arbitration. I.e. if the economic activity of the entrepreneur or legal entity affected by the actions of officials, the application is considered exclusively in arbitration.

Principles of dispute resolution

The Principles of administrative justice – the basic ideas inherent in the production system. This is the ideal that should be pursued. They directly set out in the code. The list includes:

  • Independence of the court;
  • Equality of the participants of the process before the law;
  • The court's duty to resolve disputes in accordance with law and justice;
  • Settlement of disputes in reasonable time and the execution of judicial acts, as well within a reasonable time;
  • The immediacy of the proceedings;
  • Competitiveness of the parties;
  • Transparency and openness of the proceedings;
  • Active role of the court.

The independence of the judiciary and equality of arms

Independence is an exception to the pressure on the court from the participants of the process or by someone uninvolved with the purpose to affect decision-making.

types of administrative proceedings

Equality means equal status, equal rights and responsibilities of participants in the process.

Law and justice proceedings within a reasonable time

The Legitimacy – the settlement of disputes in accordance with the provisions of the regulatory framework. Legitimacy often conflicts with justice, and their combination in practice, constantly causing trouble.

Reasonable time – the dispute should be resolved within the stipulated statutory framework. Also must be fulfilled and the court's decision.

The Immediacy of the proceedings, the principle of competition and transparency

The immediacy of the proceedings-the court shall decide solely on the evidence examined, with the participation of the parties in the judicial process. Banneduse the evidence in the case, which are not considered in the process.

The Adversarial process – each party is obliged to justify their arguments and to provide evidence.

Transparency and openness entitles anyone to attend the court session, information about the process must be public, the court's decision should also be in the public domain.

Active role of the court

Administrative proceedings – is, first of all, the special position of the court in the process.

The Judge may go beyond the requirements of the claim, and to demand evidence and call witnesses at its discretion without the request of the parties. The active role of the court substantiates the actual inequality of citizen and organizations before the authorities.

Administering justice

Tasks of administrative procedure include:

  • Access to justice;
  • Protection of rights and interests of citizens and organizations;
  • Proper consideration of the dispute within a specified time;
  • Strengthening the rule of law.

Access to justice means the absence of obstacles to going to court, appealing decisions, etc.

principles of administrative procedure

The Protection of the violated rights – this is what usually is the cause of action accrues. Interests – some of the assurances given by the government, the possibility of realization of those or other rights.

Proper and timely resolution of the dispute – meet the court all provisions of the law within the period prescribed by law, in the course of the proceedings.

Strengthening the rule of law – suppression of illegal actions of authorities, officials who were subject to court or were identified during the process.

Administrative procedure

CAS provides two forms trial:

  • Proceedings;
  • The court order.

In the first option the claim is filed and the trial is in the trial. After hearing the arguments of the parties and having examined the evidence presented, the judge makes the decision.

the problem of administrative proceedings

The Court order shall be made on the basis of the application and the attached documents. The decision shall be made without summoning and participation of the parties. If the judge agreed to make the order, a copy of the accompanying materials sent to the debtor. Have 10 days to write a statement of disagreement with the decision.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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