Modern Models of Administrative Procedural Regulation: Experience of Comparative Legal Research

Abstract

The article examines the existing approaches of understanding administrative process and its structure in Russia and a number of foreign countries. The increasing interest in the development of a “synthesizing”, general theory of the administrative process, including that based on the integrative methodology, is revealed in the Russian administrative procedural science. In this context, the specificity of approaches to its understanding in foreign countries is revealed and two main codification models of administrative procedural regulation are conceptualized: a model of separate codification, involving the regulation of administrative procedures and administrative judicial process (administrative proceedings) in two independent acts, and a model of general (unified) codification, which is characterized by the unification of these types of administrative process in one codifying act. Particular attention to the implementation of the model of general codification of administrative procedures and administrative proceedings is paid. Within the framework of this model, the administrative process is identified exclusively with administrative legal proceedings. In turn, there is a growing trend towards the use of a general codification model, which combines in one code the principles and norms that regulate both administrative procedures and administrative legal proceedings. Some features of the legal technique in carrying out such codification are revealed, the level of systemic integrity of these unified codifying acts is analyzed from the standpoint of the integrative methodology of the general theory of administrative process. The logic of the research and practical interest have determined the need for a careful study of the experience of implementing the unified codification model in the postSoviet states and determining the place of proceedings in cases of administrative offenses in national administrative procedural systems. The study of the experience of application of unified codification models and its scientific understanding create additional incentives and prerequisites for the development of an integrative concept of the administrative process, understood as an integral phenomenon in the unity of its jurisdictional and non-jurisdictional (positive) components. The article reveals the features of the application of integrative methodology to the understanding and interpretation of the administrative process in Russian doctrine and the problematic issues of building a general theory of the administrative process on its basis.