March 26, 2021 in the St. Petersburg University of MIA of Russia held a plenary meeting of the International scientific-practical conference ("Sorokin readings"), which was presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
March 24, 2023 in the Saint-Petersburg University of MIA of Russia held a plenary meeting of the international scientific-practical conference ("Sorokin readings"). At the plenary session, the following were presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
March 25, 2022 in the Saint-Petersburg University of MIA of Russia held a plenary meeting of the International Scientific-Practical Conference ("Sorokin readings"), dedicated to the memory of Yuri E. Avrutin, Doctor of Law, Professor, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation in connection with the 75th anniversary of his birth. At the plenary session, the following were presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of Public Administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
Highlighting that the right to a fair trial in international law now forms an aspect of international administrative procedural law, I argue when international administrative tribunals administer justice to international civil servants, fair trial guarantees must be accorded. Particularly, in this paper I assess the two leading international administrative tribunals, the United Nations Dispute Tribunal and the Administrative Tribunal of the International Labour Organisation, in terms of their compliance with fair trial standards. Focusing on the jurisprudence of the International Court of Justice, I first show how what I call an international procedural law of fair trial has been developed and requires that basic due process guarantees must be accorded wen delivering international administrative justice. I then develop fair trial standards with greater nuance, especially focusing on the quality of independence and impartiality. Then, the paper engages in a detailed analysis of the leading international administrative tribunals in terms of compliance with fair trial standards, concluding that significant deficits exist. If a fair trial for international civil servants is to be guaranteed, significant structural reforms are necessary.
The subject. The paper deals with the search for the place of judicial administrative procedural law in the system of Russian law.The purpose of the paper is to identify is the judicial administrative procedural law an independent branch of Russian law.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Proceedings, the Code of Administrative Offences, the Commercial Procedure Code, the Civil Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The adoption of the Code of Administrative Proceedings in Russia in 2015 revealed many problems in science and legislation. A legislative decision to adopt the Code of Administrative Proceedings is considered as a political decision taken without a proper scientific basis and contrary to established scientific doctrine. Definitions of such basic concepts as "administrative process", "administrative dispute", "administrative justice", and others have not been developed in the period up to 2015 and to date, There is a mention of "administrative legal proceedings" as one of the types, along with civil, criminal and constitutional types of legal proceedings, in the Constitution of the Russian Federation. But administrative procedural legislation is referred to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, in contrast to other procedural laws, in the Constitution of the Russian Federation. Representatives of the science of civil procedural law, with reference to legal theorists, called judicial administrative procedural law (which is referred to the Code of Administrative Proceedings) the secondary formation, a sub - branch of the fundamental (profiling) branch of civil procedural law. The purpose of judicial administrative procedural law – enforcement of substantive law and conflict resolution in the field of administrative and other public relations. It is noted that the public-legal dispute is not limited to the interaction of the citizen with the executive power. Civil procedural regulation of judicial review of cases arising from public relations is a procedural mechanism of judicial protection of constitutional rights, freedoms and legitimate interests. The Code of Administrative Proceedings lowers the status of cases arising from public legal relations to the status of cases arising from administrative legal relations. Representatives of the science of administrative law and procedure, on the contrary, believe that the adoption of the Code of Administrative Proceedings becomes the final act in the formation of a new branch of law – administrative judicial law, although it is a political decision and it's rules are practically copied from the Civil Procedure Code. At the same time, it is recognized that the Code of Administrative Proceedings needs scientific support, which still needs to be created. An alarming factor is the fact that some scientists propose to include cases concerning imposition of administrative sanctions in the this forming branch of law, although it mixes in fact disputes between individuals and a public entity and imposition of administrative sanctions to the offender by the court.Conclusions. It is premature to say that judicial administrative procedural law has emerged as an independent branch of Russian law. Prospects for further development of administrative proceedings are very uncertain due to the high proportion of subjective, political factors in the legislative process. ; Рассматривается поэтапное движение законодательства и научной мысли от неупорядоченного выделения «административных» дел, рассматриваемых судом, к единым процессуальным правилам. Обосновывается авторская точка зрения, что полярные мнения в науке, в совокупности с противоречивыми и непоследовательными действиями законодателя, в настоящее время не позволяют утверждать о наличии новой отрасли права, предметом которой стало бы рассмотрение различных административных дел. Одного лишь законодательного шага – принятия Кодекса административного судопроизводства – при существующей терминологической путанице, неопределенности с предметом и методами регулирования, недостаточно для утверждения новой отрасли права.
The objective of the research was to analyze the regulations of administrative law and the doctrine of administrative procedural law, in terms of determining the nature and transcendence of the basic principles that underpin its structure, social orientation, and basic properties of the legal regulation of this branch of law, and that, in addition, create the appropriate organizational and functional conditions for administrative procedure activities. Materials and methods of documentary research were implemented. Everything allows us to conclude that the principles of administrative procedural law can be divided into those that directly reflect the specificity and content of this branch of law, determine its characteristics, purpose, objectives, and intention, and, on the other hand, administrative procedural principles, that is, basic principles enshrined in the administrative procedure. It does not undergo significant changes, which determines the nature and content of the activities of all subjects of administrative procedural relations in general.
The purpose of the study was to clarify the methodological foundations of the essence of public administration bodies as subjects of administrative procedural law. The methodology of scientific work is determined by the optimal combination of general and special methods of scientific knowledge, which made it possible to form a holistic understanding of the legal form of social phenomena accompanying the development of the state. It is proved that administrative procedural law has its own system, the primary element of which is the administrative procedural norm, so that its normative impact coincides with the purpose of administrative procedural law, namely the practical implementation of administrative and legal norms in the field of public law and, by extension, public administration, i.e. the transformation of substantive administrative law norms at the level of practical implementation of a particular right of a person. The system of administrative procedural law, consisting of rules, institutions and administrative procedural sub-sectors, stands out. Everything leads to the conclusion that the system of administrative-procedural law is in the formative stage and is structurally composed of administrative-procedural norms, institutions and sub-branches and is essentially related to the substantive norms of administrative law.
