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THE CONCLUSION

The research of theoretical and practical aspects of administrative legal proceedings resulted in the present work in general jurisdiction vessels in the Russian Federation allows to draw following conclusions:

1.

Rather-legal analysis of norms of the Civil code of practice and norms of the project of the Code of administrative legal proceedings has shown, that in the Code project all process of consideration and the resolution of dispute within the limits of administrative legal proceedings is in detail settled, the purposes of administrative legal proceedings, principles of its realisation are fixed, all process from a filing of application to the introduction of the decree into validity, an order of the appeal and decision execution is regulated in detail, legislative definition of special concepts is established. However an essential lack of the bill is preservation of a duality of is standard-legal regulation of administrative legal proceedings as norms of the Arbitration code of practice about a consideration order in arbitration courts of the affairs arising from public legal relations, will operate after coming into force of the Code of administrative legal proceedings.

2. The important feature of the project of the Code is formation of concepts and terms of administrative legal proceedings. For the first time at legislative level definition of such concepts, as «administrative business», «the administrative statement of claim», «the administrative claimant» and «the administrative respondent» is made. At the same time, establishing bases of administrative legal proceedings in our country, the project of the Code does not contain the most important thing - concept definitions «administrative legal proceedings». In the scientific literature, since the moment of working out of the first project of the Code of administrative legal proceedings, different definitions of this concept were offered, therefore it was expected, that the new project of the Code will establish legal definition. As it is not present in last edition of the bill, us own definition of administrative legal proceedings is offered. It is understood as an independent kind of justice on consideration and the permission in a special remedial order of is administrative-legal disputes between citizens, the organisations, public associations and bodies of public authority with a view of protection of the rights, freedom and legitimate interests of private persons against infringements from public authority bodies.

Proceeding from the given definition we offer following signs of administrative legal proceedings: special subject structure (the private person and the person of the public law); at its realisation disputes of citizens, the organisations with authorities are resolved; the basic function - the judicial review etc. Allocation of the given signs allows to delimit administrative legal proceedings from other kinds of justice, and also to prove its uniqueness and exclusiveness, its special role in realisation by citizens and the organisations of the right of defence of the rights, freedom and legitimate interests from illegal acts and decisions from authorities.

3. The purpose of the present research has been defined as complex studying of administrative legal proceedings, formation of the concept of administrative legal proceedings in general jurisdiction vessels, generalisation of the received results on which basis conclusions about administrative legal proceedings as the uniform process including all stages become, inherent in other kinds of justice.

Realisation of objects in view is impossible without studying of the purposes, problems, functions and the principles of administrative legal proceedings established in the project of the Code. The conclusion that the Code project establishes only problems of administrative legal proceedings has been drawn, not mentioning about its purposes. The problems meanwhile listed in item 3 together form uniform understanding of essence of administrative legal proceedings. Here are mentioned both protection of the rights, and availability of justice, its timeliness, and also it is underlined necessity of the prevention and suppression of infringements for public sphere. We suggest to settle last thesis in more details in the legislation, differently - to develop function of suppression of possible infringements in the future. It it is possible to reach by means of possibility granting to address in court with the requirement about elimination of circumstances which in the future can entail infringement of the rights, freedom and legitimate interests.

Principles of administrative legal proceedings represent the basic ideas, the beginnings on which is under construction and all process functions. Fixed in the project of the Code principles, in our opinion, are principles, characteristic for all kinds of justice, at the same time in the bill there are no principles which would reflect those features which are characteristic only for administrative legal proceedings. In the legislation there are preconditions for allocation of principles such, therefore we had been offered classification of principles of administrative legal proceedings on the general for all kinds of justice and what are characteristic only for administrative legal proceedings (combinations private and public interests, 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). Fastening in the current legislation of the second group of principles would testify to a new stage of development of administrative legal proceedings when process of the permission of is administrative-legal disputes would submit to rules, to problems and principles which differ from other kinds of justice.

4. Formation of the new legislation on administrative legal proceedings will inevitably entail changes in other branches of law. Acceptance of the Code of administrative legal proceedings of the Russian Federation will be connected with entering of respective alterations abreast laws, including in GPK the Russian Federation and agrarian and industrial complex of the Russian Federation. The project of the Code contains norms which after its coming into force become a basis for formation of new branch of the legislation. Hence, there are bases to consider, that the new branch of law is formed - as administratively-law of procedure, which subject of regulation the remedial relations arising at the appeal by citizens and the organisations of decisions and actions (inactivity) of public authorities and local government act. Development of the legislation on administrative legal proceedings inevitably attracts corresponding theoretical and practical researches which finally will lead to formation of the new subject matter studying a procedure of administrative legal proceedings.

The new legislation on administrative legal proceedings contains a lot of material for the further scientific researches. The received knowledge becomes a basis for science formation administrativnoprotsessualnogo the rights which will not only accumulate subsequently a new theoretical material, but also itself will directly influence the legislation on administrative legal proceedings. The conclusions received as a result of theoretical researches can be used in practice by entering of respective alterations into the Code of administrative legal proceedings. Such continuous process of interaction of a science and practice gets special importance for subject matter formation «Administratively-law of procedure Russia» to continue process of formation and development of administrative legal proceedings in the country.

5. The complex analysis of the project of the Code of administrative legal proceedings has allowed to draw a conclusion on strengthening of the optional beginnings on darraigning within the limits of administrative legal proceedings in general jurisdiction vessels. We have come to such conclusion proceeding from several preconditions: possibilities to make agreement about reconciliation, duties to observe a pre-judicial order of the reference to the administrative respondent, possibilities to enter into agreement on a recognition of circumstances which do not demand the further proving. Development of the optional beginnings has great value for development of administrative legal proceedings. Norms GPK the Russian Federation about manufacture on the affairs arising from public legal relations, do not provide the right of the parties to conclude the agreement of lawsuit on such disputes. In the scientific literature opinions on inexpediency of the specified agreements also were expressed, proving it by that in subordinatsionnyh relations there can not be a contractual element. At the same time it is impossible to ignore the general tendency connected with development of conciliation procedures and alternative ways of the resolution of disputes. When the parties make concessions under the relation to each other and make agreement about reconciliation, relations between them do not pass to that stage of the conflict when it is possible to speak about serious and insuperable disagreements. If the legislation supposes reconciliation possibility between subjects of private law why the citizen (organisation) and the official cannot agree? Each of them defends the point of view, but thus it is obligatory to eat questions on which it is possible to achieve the compromise.

6. The project of the Code of administrative legal proceedings establishes concept definition «administrative business» and contains the list of is administrative-legal disputes which are considered as administrative legal proceedings. In the given work research of all kinds of administrative affairs, their classification have been carried out. Resulted in the project of the Code the concept, and also own theoretical workings out have allowed us to allocate signs of administrative affairs. At the same time judiciary practice research has shown, that it is necessary to establish the criterion at legislative level, allowing to delimit administrative affairs from other categories of affairs, first of all from other disputes having a public element. We suggest to establish such criterion administrative character of disputable legal relations, i.e. The affairs considered and resolved as administrative legal proceedings, should mention the relations connected with realisation of the government, administrativnohozjajstvennoj and executive activity.

In the Code project the wide list is provided has put, considered by rules of administrative legal proceedings. We consider, that at its formation it is necessary to be guided by main objectives and problems of administrative legal proceedings which consist in protection of the rights, freedom and legitimate interests of citizens and the organisations from wrongful acts from authorities and their officials. In this connection affairs about a premise of the foreign subject who is coming under readmissii, in special establishment essentially differ from other categories of administrative affairs. On this category of disputes in court the state body addresses, there is no is administrative-legal dispute, a proceeding subject is the question on application to the person of measures of compulsory influence. Proceeding from the presented reasonings, we suggest to exclude the given category of disputes from the Code project. At the same time we state the offer to add the Code project with new kinds of administrative affairs which answer the purposes and problems of the Code and the established administrative criterion otgranichenija administrative affairs. These are 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» to the competence of the commission of the state body on office disputes) and 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).

The basic categories of administrative affairs are affairs about contest of standard legal acts completely or in a part and affairs about contest of decisions and actions (inactivity) of public authorities, local governments and their officials. Affairs about contest of decisions and actions (inactivity) cause special interest as there is a question on essence of the given category of disputes. Opinions that issue in law here takes place, the judicial review behind actions and decisions of authorities or protection of legitimate interests were expressed. In our opinion, each of these points of view has the right to existence. However the category of legally significant actions which can be challenged within the limits of administrative legal proceedings, demands a concrete definition in the current legislation. We offer three criteria which will allow to define, whether action comes under to contest as administrative legal proceedings or not: Presence of legally significant consequences (occurrence, change, the termination of the rights and duties etc.); purposeful, strong-willed character of actions; for legally significant actions the big degree of imperativeness is characteristic.

7. The theory about efficiency of administrative legal proceedings was not investigated earlier in the scientific literature. Separate assumptions concerning efficiency of justice as a whole and civil legal proceedings in particular were come out, but the problem of efficiency of administrative legal proceedings has been mentioned for the first time. Efficiency of administrative legal proceedings should be considered through set of criteria of efficiency: 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; 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 (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).

Efficiency of administrative legal proceedings should receive the development not only in the theory, but also in practice. For this purpose it is offered to enter into the legislation concept «due processes of law of efficiency of 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. Efficiency due processes of law concern 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 etc. Thus, those or other new directions of development of the legislation can simultaneously become new guarantees of efficiency of administrative legal proceedings.

Developing the theory of efficiency of administrative legal proceedings, we suggest to use external indicators of efficiency of administrative legal proceedings (the given indicators define a role and value of administrative legal proceedings in a public, political and legal life of the state). In the given work we had been considered only some external indicators of efficiency of administrative legal proceedings (decrease in level of corruption in the state, reduction of quantity of administrative errors, decrease in administrative barriers). It is impossible to be limited to certainly, this list, as all processes and the phenomena occurring in the state, are closely interconnected. About efficiency increase

Administrative legal proceedings it will be possible to speak on the basis of the analysis of set of such factors as increase of trust of citizens to justice, uniform judiciary practice on administrative affairs etc. Using the term «external indicators of efficiency», we thereby confirm interrelation and interference of all legal, public and political institutes. Development of one institutes makes positive impact on others, but also the committed errors find reflexion in other fields of activity.

8. The carried out analysis of judiciary practice on the administrative affairs considered by vessels of the general jurisdiction, had the limited character as now the project of the Code of administrative legal proceedings is not accepted yet and, hence, practice of application of its norms is absent. During the carried out research conclusions that there are problems at definition of presence or absence of issue in law on the affairs arising from public legal relations more often have been drawn. Probably, in the future, after coming into force of the project of the Code, this problem will cease to exist, as unlike operating GPK the Russian Federation in the project of the Code is not present position that on administrative affairs there is no issue in law. We consider, that after introduction in action of the Code of administrative legal proceedings of a problem which have been revealed during judiciary practice studying on administrative affairs, will be overcome.

9. During the carried out research some practical recommendations, concerning creations of independent administrative courts have been offered. We consider, that administrative courts are necessary for creating at first in several regions as experiment, both then received experience and knowledge to use at their establishment in other regions. The criteria of definition of subjects of the Russian Federation offered by us in which administrative courts are necessary for creating first of all, can be used at carrying out of the judiciary reform and realisation of the Federal target program «Development of the judiciary of Russia on 2013 - 2020». (Population density and the greatest share of is administrative-legal disputes among all considered affairs) allow to consider the given criteria as the territorial factor at creation of new system of vessels, and quantity of administrative affairs.

10. Having set the task of complex studying of administrative legal proceedings in general jurisdiction vessels, we have generated a number of offers concerning reforming of administrative legal proceedings. All presented conclusions can be consolidated in some basic directions of the further development of administrative legal proceedings:

1) modification of the legislation, terms concerning formation and concepts in the field of administrative legal proceedings;

2) modification of the legislation which mention directly procedure of consideration of administrative affairs;

3) judiciary reforming;

4) development of extrajudicial darraigning as way of increase of efficiency of administrative legal proceedings.

In all presented directions we had been formulated specific proposals and an order of their realisation. They are directed on the further development and realisation of norm of item 118 of the Constitution of the Russian Federation about independent administrative legal proceedings, and also on development of institute of protection of the rights, freedom and legitimate interests of citizens and the organisations from illegal acts from authorities and their officials.

The conclusions formulated by us, offers and recommendations are directed on overcoming of existing blanks and contradictions in the legislation, however such problems will always exist, at any stage of carrying out of the judiciary reform. Public relations do not stand on a place, they constantly develop, creating the new phenomena which, in turn, will demand in due course legislative fastening and a regulation. Administrative legal proceedings in this respect are not an exception. Already now in the scientific literature assumptions of possible liquidation of the general jurisdiction which will be replaced subsequently by the specialised vessels considering certain categories of disputes are come out. Procedure of consideration of administrative affairs will be improved; in the legislation regulating administrative legal proceedings, there will be new due processes of law of its efficiency; The quantity of norms and the institutes directed on neutralisation in remedial relations subordinatsionnogo of character of communication between the parties will increase.

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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

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