To the issue of competence requirements to litigation guardians in administrative and civil proceedings

Legal regulation of consideration and adjudication of the cases arising from public legal relationship has been considerably changed in connection with enforcement of the Administrative Court Procedure Code of the Russian Federation. In particular, there are new requirements to litigation guardians in administrative cases, which are not established in civil and arbitral procedure. Litigation guardians need to have the higher legal education in some cases tried as administrative proceedings. In this case, the persons involved in judicial proceedings, but do not have legal education, are obliged to have litigation guardians. Legal capacity to sue of these persons, possibilities to exercise their procedural rights, are significantly limited. Such features of administrative legal proceedings break a number of constitutional principles and are not induced by public interests. On the basis of the comparative analysis of procedural branches of law and legal positions of the Constitutional Court of the Russian Federation the author proves the necessity to withdraw the norms containing excess requirements to litigation guardians in administrative cases.