Features of violations of the procedural form in administrative proceedings

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According to Part 2 of Article 50 of the Constitution of Russia, the use of evidence obtained in violation of federal law is not allowed in the administration of justice. This provision, introduced for the first time into the text of the constitutional act, reflected the formation in Russian law of the importance of formal procedure, which has so far been ignored in favor of the principle of legal justice that reigned supreme in Soviet law. It was from this point on that the principle of fairness was limited by the principle of observing formal procedure. And although the constitutional act referred only to the procedure for obtaining evidence, subsequent legal development gave the principle of the need to comply with formal procedure increasing importance. The paper examines the main types of violations of the administrative procedural form and their legal consequences, and proposes amendments to the legislation on administrative proceedings.

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Administrative process, administrative proceedings, administrative procedural form, violations of the procedural form, restoration of the procedural form, grounds for cancellation of decisions, procedural grounds for cancellation of decisions

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Короткий адрес: https://sciup.org/170208438

IDR: 170208438   |   DOI: 10.24412/2500-1000-2024-12-1-131-137

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