At present, in connection with the constitutional reform carried out in the Russian Federation, the process of reconciliation of the basic categories of administrative law with the Constitution is ...actively underway. In parallel, in the scientific community of specialists in administrative law and process, there has long been a request for the harmonization of views and concepts for the formation of modern administrative procedural legislation. Such a serious scientific task can be successfully solved only by relying on the letter and spirit of the country's fundamental law as the only indisputable starting point for doctrinal provisions. The catalyst for many years of discussion about the boundaries and essence of the administrative process was the adoption in 2015 of the Code of Administrative Proceedings of the Russian Federation. After the enactment of this code in scientific circulation, the categories of “judicial administrative law” and “judicial administrative process” are actively used, which brings the domestic doctrine closer to the theory of developed foreign countries. However, even in the absence of a law in Russia that defines the legal foundations of an extrajudicial administrative process, one should not forget that the majority of modern representatives of science recognize the existence of an extrajudicial administrative process in the Russian Federation. We are talking about the widest range of administrative cases - about the activities of administrative-public bodies to resolve administrative matters under their jurisdiction, both of a regulatory and protective nature, controversial and indisputable. In this situation, we believe that it is required to conduct a scientific analysis of the terminology used in Russia to study the essence of the administrative process. The article makes an attempt, taking into account foreign and domestic doctrine, to study numerous definitions for suitability for the formation of a uniform understanding of the administrative process in the Russian Federation. The work, in particular, explores the understanding of public administration and administrative justice, compares the content of the terms “administrative jurisdiction” and “administrative procedures” in Russia and in foreign countries. Based on the results of the analysis, it is concluded that the least controversy is caused by the use of the term “administrative proceedings” in relation to out-of-court proceedings and “administrative proceedings” to the judicial trial hearings.
An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process ...and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation of the norms of the Constitution of the Russian Federation, the article shows that each of the three branches of state power: legislative, executive and judicial, has its own procedural form of functioning. Such a procedural form of exercising executive power, according to the Author, is an extrajudicial (executive) administrative process. Examples are given that show the existence of a common algorithm for resolving administrative cases by both administrative-public bodies and courts, which indicates a single procedural nature of the corresponding types of judicial and extrajudicial activities and the absence of fundamental differences between them. The conclusion is substantiated that the legal enforcement process is the activity of the competent authorities to resolve any categories of individual legal cases, and the legal procedural procedure is the procedure for carrying out such activities, in connection with which they are related to each other as content and form. The Author concludes that the law enforcement process carried out by public administrative bodies, both positive and jurisdictional, can be characterized as an administrative process and is not, in contrast to administrative proceedings, a kind of administrative procedure. Administrative proceedings are considered as a meaningful category of executive administrative process, namely, as an activity for the consistent, stage-by-stage resolution of an administrative case. The close relationship and interdependence of executive and judicial administrative processes are shown, the presence of which indicates that these two types of process are constituent parts of a single whole - the administrative process as a general procedural category, in connection with which it is possible to properly construct and systematize the administrative procedural legislation of the Russian Federation.
Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural ...legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.
There are a significant number of cultural monuments and historical buildings in the Czech Republic. There is very strict legislation to preserve them. It turns out, however, that these rules, in ...combination with building and administrative regulations, are very complicated for owners and in some cases, they may also be counterproductive due to the protection of monuments. The article focuses on the unfavorable aspects of the process of restoration of immovable monuments in terms of responsibility for the content of building and technological guidelines in the issued opinions of the authorities of monument care and the length of the administrative proceedings.
Jean de Grandpré Stanton, Danielle; Anctil, Hervé
2022, 2022-06-17
eBook
Beginning as Bell Canada's general counsel in 1966, Jean de Grandpré rose through the ranks and became president in 1973. A few years later he created Bell Canada Enterprises, one of America's ...largest telecommunications companies. Offering insight into the secrets of his success, Jean de Grandpré will inspire new generations of entrepreneurs.
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