The Code of administrative procedure RF: law enforcement experience

Authors

  • Margarita S. Pavlova National Research University «Higher School of Economics»

DOI:

https://doi.org/10.17308/vsu.proc.law.2021.3/3549

Keywords:

administrative proceeding, judicial practice, type of legal proceedings, preliminary court session, acts that have some regulatory properties and contain explanations of the legislation

Abstract

This article is devoted to analysis the norms of some categories of the administrative cases for last several years. The author studies court decisions which are connected with problems of determination the type of legal proceedings. Then, learning specific court cases, the author tries to show that legislator could take another approach to determination of jurisdiction of KAS RF that extends to administrative and other public relations. Besides that there was considered judicial practice in the sphere of mandatory representation, peculiarities of preparation for the trial and analyzed the most interesting cases about what kind of acts the courts of general jurisdiction recognize or don't recognize as acts that have some regulatory properties and contain explanations of the legislation as well (GOST R; playback the provisions of regulatory act in the letter; custom of judicial practice which is contained in Definition of the of the judicial board for Civil Cases of one of the republics of the Russian federation). As a result the author makes conclusions that the Russian courts in their practice interpret in detail the norms of KAS RF that indicates certain tags in legislation about administrative proceedings.

Downloads

Download data is not yet available.

Author Biography

  • Margarita S. Pavlova, National Research University «Higher School of Economics»

    Candidate of Sciences (PhD) in Civil Process, Arbitration Process, Associate Professor of the Department of Court Proceedings and Criminal Law, Faculty of Law of the National Research University Higher School of Economics

References

Downloads

Published

2021-08-27

Issue

Section

Administrative Law and Proceedings