Tendencies of formation of administrative judicial jurisdiction in Russia at the modern stage
Автор: Grechkina Olga Vladimirovna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 3 (10), 2014 года.
Бесплатный доступ
Purpose: Research of a current state of legal regulation of administrative judicial jurisdiction and prospects of legislative fixing of model of administrative legal proceedings in Russia. Methodology: Comparative and legal and formally legal methods were used. Results: Article is devoted to the analysis of the content of the administrative judicial jurisdiction. It is noted that it is a component of justice and now is carried out as administrative legal proceedings by rules of several regulations of various branch accessory. However the model of administrative legal proceedings offered by the legislator in the draft of the Code of administrative legal proceedings, according to the author, unfairly excludes consideration by judges of affairs on administrative offenses. The opinion that the modern model of the legislation on administrative responsibility unfairly includes both material, and a legal procedure is expressed also. It is noted that the most rare feature now is that courts of law and world judges as well as non-judicial administrative bodies, are guided by hearing of cases about administrative offenses by the same standards of the Code of the Russian Federation about administrative offenses. Need of acceptance in the short term material and procedural codes is proved. Thus the material code may contain general provisions and special part (types of offenses). The procedural code can regulate affairs production about the administrative offenses, carried out by administrative bodies. Novelty/originality/value: Сonsists in the complex analysis of modern legal regulation of administrative judicial jurisdiction on the basis of which the main problems in the specified area are revealed and ways of optimization of the legislation on administrative responsibility and administrative legal proceedings are offered.
Короткий адрес: https://sciup.org/14027717
IDR: 14027717