Development of Administrative Judgment Proceeding and Administrative Justice in Russia

Abstract

The paper presents the historical aspect of the development of administrative justice in Russia. A wide historical period is studied beginning with the pre-revolutionary period and ending on the present stage. Besides, the paper analyzes historical and legal documents on the issues under consideration to generalize. The author points out that Russia has a rich experience of the institute of administrative justice. The history of the development of domestic legislation administrative proceedings and administrative justice can help in reforming the modern legislation in this area as the mistakes of the past must not be forgotten and repeated in the future. The paper emphasizes that the current administrative procedural legislation provides for two procedures of reviewing decisions on administrative offences: prejudicial and judicial. At that, the choice of a specific grievance procedure of a decision on a case on administrative offence is provided to a person brought to justice on administrative case (delinquent). The history of administrative justice clearly shows the fact: until now no even generalizing view to the nature of the institution of administrative justice has existed. No definitions are shaped for fundamental concepts of administrative process, administrative and jurisdiction case, administrative dispute, administrative justice, administrative legal proceedings etc. the same may be said on the subject matter, content and scope. The main objective of administrative justice in any country including Russia is creating an opportunity to establish relations between the subject without authority and public power on a clear, expedient and legal basis. The development and improvement of administrative justice is an important guarantee of rights for the subject without authority, a significant step as to implementing administrative reform in Russia. It should be noted that the ideas on establishing the system of administrative justice which would promote to the implementation of the RF constitution provision on the operative access to justice but will free courts from irrelevant functions, which is justified and topical in the contemporary legal setting.