• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

A Theoretical and Economic Basis for the System of Administrative Justice in the Russian Federation

2011
Head: Panova, Inna V., Soloviev, Vladimir N.
The project has been carried out as part of the HSE Program of Fundamental Studies.

The research on the fundamental study of administrative justice reveals the main problems of administrative matters in the judicial practice and solutions for their resolution.

The object of the research covers public relations for matters of consideration of legal and administrative disputes of the individuals and legal entities with administrative and judicial authorities.

The purpose of the research is to develop ways and means to effectively address the legal and administrative disputes within the pre-trial procedures for cases and improve the administrative proceedings.

In the process of the research, tools such as legal research were used in addressing the problems of administrative justice on theoretical and practical levels.

In a report prepared with a comprehensive analysis of the current Russian legislation in the field study the question as in 2011, developed proposals to improve legislation on the subject of research.

Also in the research the establishment is proposed scientifically of a complete system of administrative (and non-judicial pre-trial) procedures for dealing with administrative affairs in Russia.

In the research experiences of the system of administrative justice in foreign countries are analysed, and on those grounds we prepared several proposals to borrow from the positive foreign experience and apply it in Russia.

The general methodological research is based upon the universal dialectic method of learning. In addition we used private and special methods of scientific knowledge (formal-logical, comparative-legal, historical, systemic and structural, logical, legal, statistical), logical operations (analysis and synthesis, deduction and induction), sociological analysis techniques (poll and direct observation).

The information bases of the research are: fundamental works by both Russian and foreign legal scholars, their articles, monograph essays, dissertation research, the existing legal framework, judicial practice, the practice of executive authorities, foreign regulatory sources.

In the study we proposed ways to improve and solve basic problems of administrative justice, stemming in particular from the imperfection of the legal framework by the end of 2011.

The degree of implementation of the research results is substantiated by a number of legislative initiatives, in particular the proposal to establish a special extra-judicial body to review disputes - the Administrative Chamber of the Russian Federation.

Field applications of research is to be developed by competent actors based on a study of draft regulations in the area. The results can also be used by legal practitioners and theorists of administrative law in its scientific research.

Cost-effectiveness and value of the work are shown in the fact that on the basis of proposals we prepared to improve the justice system can optimize the performance of administrative and legal officials and judges, to significantly reduce the financial costs of developing regulations in the field of administrative justice.

In connection with President Putin's plans to establish a system of administrative courts in the Russian Federation in 2012-2013 we can predict that the object of study will be very relevant for a long time. Potential scientific fundamental research in this regard is far from exhausted.


 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!