Administrative procedure code of the Russian Federation: unresolved issues of particular proceedings

Like any new source of procedural law, the Administrative Procedure Code of the Russian Federation not only presents a new concept of administrative dispute but also identifies the new categories of disputes. They include the disputes over the compensations awarded for infringement of the right to trial within a reasonable period under the courts of general jurisdiction or the right to legal instruments enforcement by the courts of general jurisdiction within a reasonable period. At the same time, the evaluation criteria that are set forth in a new code and should help define properly whether a dispute refers to administrative category or other one are insufficient. In some cases, it is difficult to detect the substantive legal relations designed to ensure the new procedural rules and make obvious findings in this regard. The author concludes that the new elements are not fully relevant, and certain substantive legal relations within a dispute require other procedural mechanisms rather than mechanisms introduced by a new Administrative Procedure Code of the Russian Federation.