The Administrative Justice
Abstract
The analysis presented in the article features as to the development of modern legislation, legal practice, contributes to studying the urgent issues of administrative and judicial reforms, shows a number of significant terms in question, in particular legal process as a whole, administrative process, administrative justice), touches upon various issues of judging administrative case judicially or extra judicially. A special attention is drawn to the new Code of administrative procedure of the Russian Federation and its coordination with other procedural laws. The article raises the problem of the jurisdiction of administrative cases to several collegiums of the Supreme Court of the Russian Federation, which leads to various outcomes of similar disputes. The paper assesses critically the general jurisdiction approach of courts to judging the cases associated with entrepreneurship. It reveals the drawbacks in performing the control over norms on administrative cases. A significant attention is given to prejudicial recovery of losses. To ensure the efficiency of the institute of general administrative claim and administrative protection of the rights of citizens, the paper suggests the possibility to create a special centralized body within the system of Russian executive power to judge administrative cases, which would be able to make administrative power less bureaucratized one and to allow courts avoid the execution of punishment. The article proves the necessity to create an additional administrative body that will allow protecting the rights and legal interests of citizens and public bodies of executive power and will not allow the breach of the separation of powers principle.
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