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INTRODUCTION

Urgency of a theme of research. The state bodies, local governments and their officials at realisation of the powers assigned to them on occasion suppose infringements of the rights, freedom and legitimate interests of citizens and the organisations.

According to item 46 of the Constitution of the Russian Federation (further - the Constitution of the Russian Federation) decisions and actions (inactivity) of public authorities, local governments, public associations and their officials can be appealed in court [1]. The Given cases are considered as administrative legal proceedings. Granting of such possibility is the major guarantee against abusing powers from bodies of public administration, and also provides balance of system of separation of powers. Effective realisation of administrative legal proceedings influences activity of all enforcement authorities.

The urgency of the selected theme of research is caused by multiplane modernisation of the judiciary spent in the country and administrative reform. Achievement of planned results is impossible without realisation of the constitutional norm about independent administrative legal proceedings. As shows the judiciary practice analysis, the number of administrative affairs where citizens even more often challenge decisions which break their rights, freedom and legitimate interests (for example every year increases, since 2010 the quantity of such affairs on the Voronezh area annually increases on the average by 2 %). For a modern lawful state it is necessary not only the uniform law establishing an order of consideration and the permission of administrative affairs, it is important also that the procedure of administrative legal proceedings represented the uniform process considering features disputable is material of-legal relations and at the same time providing general rules which are characteristic for other kinds of justice. In 2013 the bill «Code of administrative legal proceedings of the Russian Federation» 1 which urged to settle a procedure of the given kind of justice in general jurisdiction vessels is prepared.

Necessity of theoretical research of administrative legal proceedings further to develop the basic directions of reforming of the judiciary and the legislation on administrative legal proceedings is obvious.

In the given research attempt to study administrative legal proceedings in general jurisdiction vessels as a justice kind, as uniform process for which the purposes, problems and principles, legal investigation stages are characteristic, the terminology is undertaken.

Degree of a readiness of a theme of research. A number of scientific researches is devoted a problem of administrative legal proceedings. The deep and all-round analysis of administrative legal proceedings contains in D.N.Bahraha, M.J.Maslennikov, L.A.Nikolaevoj, I.V.Panovoj, N.G.Salishchevoj, J.N.Starilova, M.S.Studenikinoj, JU.A.Tikhomirov, N.J.Hamanevoj's works. Since the moment of promulgation of the first bills of administrative legal proceedings and administrative courts, in the scientific literature there was a set of articles, monographies, the dissertations devoted to a problem of formation of administrative legal proceedings and creation of administrative courts. [2 [3]

The object of research is presented by a complex of the public relations arising concerning the organisation and realisation of administrative legal proceedings in vessels of the general jurisdiction.

As object of research act: the regulatory legal acts establishing a procedure of administrative legal proceedings; the rules of administrative law containing rules of the extrajudicial appeal of decisions, actions (inactivity) of public authorities, local governments and their officials; the bills establishing sudoustrojstvennye and remedial bases of administrative legal proceedings; judiciary practice on administrative affairs and the affairs arising from public legal relations.

Research objective is creation of the concept of administrative legal proceedings in general jurisdiction vessels in the Russian Federation.

According to the specified purpose following problems are put:

- To carry out rather-legal analysis of the project of the Code

Administrative legal proceedings of the Russian Federation and norms of the Civil code of practice of the Russian Federations [4] regulating manufacture on affairs, arising from public legal relations;

- To allocate signs of administrative legal proceedings and to formulate its concept;

- To define the purposes, problems, functions and principles of administrative legal proceedings in general jurisdiction vessels;

- To analyse new to the remedial legislation

Positions of the project of the Code and also to reveal its advantages, lacks and blanks in legal regulation of an order administrative

Legal proceedings; to study new tendencies of its development;

- To establish a parity of administrative legal proceedings and the extrajudicial procedure of the appeal of decisions and actions (inactivity) of public authorities, local governments and their officials;

- To prove possibility of formation of independent branch of law and an independent subject matter of "Administratively-law of procedure Russia»;

- To study the term maintenance «administrative business», to allocate its signs, to analyse categories of is administrative-legal disputes, which are included (or can be included) in this concept;

- To carry out the analysis of the basic categories of administrative affairs: affairs about a recognition invalid standard legal acts completely or in a part and affairs about contest of decisions and actions (inactivity) of public authorities, local governments, officials, the state and municipal employees with a view of revealing of the problems arising by their consideration and the permission;

- To develop criteria of efficiency of administrative legal proceedings and to formulate the basic due processes of law of efficiency of justice;

- To investigate consideration practice in vessels of the general jurisdiction of administrative affairs, to reveal its basic tendencies and directions;

- To study creation possibility in the future of specialised administrative courts, to put forward own assumptions concerning an order of their creation in territory of the Russian Federation;

- To allocate the basic directions of the further development of administrative legal proceedings in the Russian Federation.

Methodological basis of research the combination general scientific (forms the analysis, synthesis, a dialektiko-materialistic method) and special methods of research (a comparative jurisprudence method, historical, system-structural, etc.). The given approach to scientific research allows to carry out the all-round complex analysis of an object of research, to make theoretical generalisations and to formulate practical recommendations.

The theoretical basis of research was constituted by works of such scientific - lawyers, as: I.e. Abova, A.V.Absaljamov, S.S.Alexey, Since Andreeva,

B. S.Anokhin, V.K.Babayev, O.N.Babayev, D.N.Bahrah, V.V. Blazheev, A.T.Bonner, N.A.Bocharnikova, E.S.Vasileva, A.S.Velmin, A.K.Gagiev, N.A.Gromoshina, I.V.Gubenok, A.A.Dyomin, E.A.Djukova, S.Z.Zhenetl, A.B.Zelentsov, A.V.Zolotov, A.H.Kazarina, P.J.Kantor, V.P.Kashepov,

C. S.Kozlov, P.I.Kononov, I.S. Queens, V.N.Kudryavtsev, A.N.Kuzbagarov, A.A.Kuratov, A.V.Malko, M.N.Marchenko, M.J.Maslennikov, N.I.ma of ases, S.N.large object, A.N.Mironov, V.A.Musin, V.K.Nehajchik, L.A. Nikolaev, M.S.Pavlova, I.V.Panova, L.L. Priests, J.A.popova, A.N.at zhennikova, I.A.Prihodko, O.S.Rogatchyov, B.V.Rossinsky, N.G.Salishcheva, J.V.Svjatohina, P.P.Serkov, A.K.Soloveva, V.D.Sorokin, JU.N.hundred rilov, M.S.Studenikina, V.M.Syryh, V.L.Tambovtsev, JU.A.Tikhomirov, D.V.Utkin, I.A.Filippova, N.J.Hamaneva, A.V.Tsihotsky, N.M.che purnova, N.A.Chechina, D.M.Chechot, I.A.Tchizhov, M.S.Shakarjan, V.M.Shers-a bale, S.V.Jarkovoj.

As standard basis of research the Constitution of the Russian Federation, the international legal acts, federal acts, decrees of the President of the Russian Federation and the governmental order of the Russian Federation, other standard legal acts of public authorities of the Russian Federation and subjects of the Russian Federation, constructions of the judiciary establishing an order and realisation of administrative legal proceedings, and also judiciary practice and judicial statistics materials on administrative affairs have served.

The empirical basis of research includes the judiciary practice analysis on is administrative-legal disputes in general jurisdiction vessels (137 administrative affairs have been studied), and also judicial statistics studying on the affairs arising from public relations, considered in regional vessels under the first instance for last three years in following subjects of the Russian Federation: Republic Adygea (Adygea), Republic Bashkortostan, Republic Dagestan, Republic Kareliya, Republic Mary El, Republic Mordovia, Republic Sakha (Yakutia), Republic Tatarstan (Tatarstan), Republic Tyva, Republic Khakassia, the Chechen Republic, the Chuvash Republic - Chuvashiya, Krasnodar territory, the Belgorod area, the Vladimir area, the Voronezh area, the Ivanovo area, the Kaliningrad area, Kostroma area, Lipetsk area, Omsk area, the Oryol area, the Pskov area, the Samara area, the Tver area, the Tula area, Moscow, Sankt - Petersburg, the Jewish autonomous region.

Scientific novelty of research consists in creation of the concept of administrative legal proceedings in general jurisdiction vessels in the Russian Federation. Scientific novelty of work is shown directed by a problem of the complex theoretical analysis of administrative legal proceedings in general jurisdiction vessels, and also in revealing of the basic directions of perfection of this kind of justice, formation of the uniform list of administrative affairs, development of the theory of efficiency of administrative legal proceedings.

On protection the following substantive provisions which are new or having elements of scientific novelty are taken out:

1. It is recommended to make changes to the project of the Code of administrative legal proceedings of the Russian Federation regarding realisation presekatelnoj functions of administrative legal proceedings. It is necessary to give to citizens and the organisations possibility to address in court with the requirement about elimination of circumstances which in the future can entail infringement of their rights, freedom and legitimate interests. On the basis of the analysis of the received data the court takes out the intermediate order about elimination of the specified circumstances. Presence in aggregate following requirements should become the important condition of removal of the given definition: legitimacy and legality of actions which it is declared in court; a relationship of cause and effect between the revealed circumstances and possible infringements in the future; timeliness of intervention and elimination of the specified circumstances. All it should promote prevention of infringement of the rights, freedom and legitimate interests of citizens and the organisations.

2. Classification of principles of administrative legal proceedings is developed. In the Code project principles, characteristic for all kinds of justice are specified, however now administrative legal proceedings are carried out by two systems of vessels: arbitration courts and general jurisdiction vessels. From here follows, that administrative legal proceedings are closely connected with civil procedure. On this basis it suggested to allocate two kinds of principles of administrative legal proceedings: the general for administrative and for civil legal proceedings; characteristic only for administrative legal proceedings. The general for the given kinds of justice principles are established in item 7 of the project of the Code. To principles characteristic only for administrative legal proceedings it suggested to carry: a principle of a combination private both public interests by consideration and the permission of administrative affairs; Principle of completeness of an estimation of activity of public authorities, local governments and their officials; a principle of non-interference of court in the competence of public authorities and local governments.

3. Acceptance of the project of the Code becomes one of factors, which will affect formation of new branch of law, which will have own subject of legal regulation (the remedial relations arising at the appeal by citizens and the organisations of decisions and actions (inactivity) public authorities and local government) and a legal regulation method. Further it will be necessary to study new branch of law and, hence, it will affect formation of a new subject matter in which frameworks administrative legal proceedings - «Administratively-law of procedure Russia» would be studied.

4. The conclusion about strengthening of the optional beginnings within the limits of administrative legal proceedings in general jurisdiction vessels becomes. Some positions of the project of the Code which are not present in GPK the Russian Federation testify to this tendency: possibility to make agreement about reconciliation (item 139);

The circumstances recognised as the parties as a result of the agreement, are accepted by court and do not demand the further proving (ч.1 item 67); in cases, statutory, observance of an obligatory pre-judicial order of the reference to the administrative respondent (ch is necessary. 3 items 4; item 6 ch. 2 items 127).

5. The basic signs of administrative affairs which are considered in general jurisdiction vessels are defined: it is a kind administrativnopravovogo dispute; it is a kind of the is administrative-legal conflict;

Participants of dispute (conflict) are: on the one hand, physical and legal bodies, and with another - the subjects allocated with imperious powers; the resolution of dispute is carried out in the remedial form; a special order of consideration of administrative affairs. In the legislation on administrative legal proceedings it is offered to establish the criterion, allowing to delimit administrative affairs from other categories of disputes with a public element. Administrative character of disputable legal relations should become such criterion. Others

Words, the affairs considered and resolved as it should be

Administrative legal proceedings, should mention the relations connected with realisation of the government, administrative and executive

Activity. In this connection it is offered to state ch. 2 items 1 of the project of the Code in a new wording, taking into account the specified criterion.

6. Necessity of detailed elaboration of the list of the administrative affairs established in item 1 of the project of the Code of administrative legal proceedings of the Russian Federation is proved. It is necessary to carry to their number: the affairs connected with the conclusion, change, cancellation of administrative contracts; individual office disputes (except for the disputes carried by the Federal act «About the state civil service of the Russian Federation» [5] to the competence of the commission of the state body on office disputes); disputes on the competence which are carried to conducting the constitutional (authorised) vessels of subjects of the Russian Federation (if these courts are not created).

7. It is offered to exclude from the list of the administrative affairs considered in vessels of the general jurisdiction, business about a premise of the foreign subject who is coming under readmissii, in special establishment, since: with a petition exclusively state body addresses; it is a notifying order (as at first the foreign subject is located in special establishment and only after that the petition moves); on affairs of the given category there is no is administrative-legal dispute; a proceeding subject is the question on application to the person of measures of compulsory influence; readmissija - institute in bolshej degrees of the international and migratory right, therefore relations between enforcement authorities by consideration of these disputes leave on the second plan.

8. It is necessary to fix the criteria at legislative level, allowing to define legally significant actions which can be challenged within the limits of administrative legal proceedings in general jurisdiction vessels on affairs about contest of decisions and actions (inactivity) of public authorities, local governments and their officials. It is necessary to carry to these criteria: presence of legally significant consequences (occurrence, change, the termination of the rights and duties); purposeful, strong-willed character of actions; for legally significant actions the big degree of imperativeness is characteristic.

9. The technique of definition of efficiency of administrative legal proceedings in general jurisdiction vessels is developed. For this purpose it is offered to use the general criteria (conformity of result to the purposes and the problems specified in the law; removal of the fair and proved decree; competence of the judge; efficiency of a legal investigation; degree of use and introduction of modern information technologies) which can be applied to all kinds of justice, and special criteria, characteristic only for administrative legal proceedings. It is necessary to carry to special criteria: simplicity of protection of the broken rights, freedom and legitimate interests; absence of contradictions in judgements and between the legal acts regulating a procedure of administrative legal proceedings.

10. It is offered to enter into the current legislation concept «due processes of law of efficiency of administrative legal proceedings» which should be directed on increase of efficiency of remedial activity. It is necessary to understand the legal mechanisms fixed at legislative level as due processes of law of efficiency of legal proceedings, conditions and the bases promoting the fullest realisation of rules of procedure, to achievement of the purposes and legal proceedings problems, protection of the rights, freedom and legitimate interests of citizens and the organisations. It is necessary to carry to efficiency due processes of law: is standard-legal regulation of certain sphere of public relations; use of modern information technologies; possibility of application of alternative ways of the resolution of disputes; the guarantees directed on suppression of possible infringements of the rights and freedom; Fastening at legislative level of a duty of vessels periodically to carry out the judiciary practice analysis on administrative affairs; development of the extrajudicial procedure of the appeal.

11. Administrative legal proceedings are necessary for developing in the course of the judiciary reform carrying out creation of specialised administrative courts becomes which important step. It is offered to create such courts gradually in some subjects of the Russian Federation as experiment. That with peak efficiency to define the given regions, it is necessary to use in aggregate two criteria: population density and the greatest share of is administrative-legal disputes among all considered affairs. The chosen way has a number of advantages: creation of administrative courts in several subjects of the Russian Federation will entail smaller material inputs, than their establishment at once in all territory of the country; in Russia there are regions with high population density and sparsely populated territories; the received operational experience of administrative courts can be used at their creation in other regions of the country; Errors, inevitable in case of establishment of administrative courts in all territory of the country will be prevented at once; as a result of functioning of administrative courts in several regions there will be a practical experience of their work with which help it will be possible to estimate real prospects of development of administrative legal proceedings. On the basis of the specified criteria and the judicial statistics analysis on regions concrete subjects of the Russian Federation in whom it is necessary to create administrative courts first of all are offered.

The theoretical importance of research. Theoretical knowledge of administrative legal proceedings in the general jurisdiction vessels, received as a result of research, can be used for the further studying of problems of administrative legal proceedings, development and addition of corresponding sections of administrative law, formation of new subject matters, and also modernisation of the current legislation of the Russian Federation. Results of dissertational work generalise and supplement scientific knowledge of administrative legal proceedings, its kinds and remedial forms, problems of modern formation and development mainstreams.

The practical importance of research consists that conclusions containing in it and recommendations can be used at carrying out of researches on a problem of administrative legal proceedings, in pravotvorcheskoj activity on perfection of the legislation on administrative legal proceedings. Dissertation positions in which criteria of creation of administrative courts are offered, can be used in case of reforming of the judiciary and creation of specialised administrative courts. Materials of dissertational work can be used also at teaching of subject matters "Administrative law", «Administrative process», "Administrative justice".

Approbation and introduction of results of research. The dissertation is executed, discussed and approved on faculty meeting of administrative and municipal right FGBOU VPO «the Voronezh state university».

Substantive provisions, conclusions, offers and the recommendations containing in the dissertation, have found the reflexion in 9 scientific publications of the author in magazines and collections of proceedings in total amount 6,5 items of l.

The competitor took part in work of following scientifically-practical conferences: Annual scientific conference of teachers

Faculty of law VGU (Voronezh, VGU, April, 2012); XIX International conference of students, post-graduate students and young scientists "Lomonosov" (Moscow, the Moscow State University, 9 - on April, 13th, 2012); All-Russia nauchnoprakticheskaja conference of students and post-graduate students «G osudarstvo and legal system of the Russian Federation in the conditions of an information society» (Voronezh, VGU, 14 - on February, 15th, 2013); Annual scientific conference of teachers of faculty of law VGU (Voronezh, VGU, April, 2013); XX International conference of students, post-graduate students and young scientists "Lomonosov" (Moscow, the Moscow State University, 8 - on April, 12th, 2013); the International scientific conference devoted to 55-year-old anniversary of faculty of law VGU «the Constitution of the Russian Federation and its influence on practice of the state building and development of legal system of the country» (Voronezh, VGU, 17 - on October, 18th, 2013).

The research structure is caused by the purposes and the problems reflecting its scientifically-practical character, and consists of the introduction, three heads including ten paragraphs, the conclusions, the list of the used standard legal acts, judiciary practice and the special literature, appendices.

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A source: Peshkova Tatyana Viktorovna. Administrative legal proceedings in general jurisdiction vessels in the Russian Federation. The DISSERTATION on competition of a scientific degree of the master of laws. Voronezh - 2014. 2014

More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction
  18. Introduction