Development of Administrative Proceedings and Administrative Justice in Russia

  • Inna Panova HSE University

Abstract

The paper presents historical aspect of the development of elements of administrative justice inRussia. A wide historical period is studied beginning with the pre-revolutionary era and ending withthe present stage. Besides, the paper analyzes historical and legal documents on the issues underconsideration to generalize. The author points out that Russia has a rich experience of the instituteof administrative justice. The history of the development of domestic legislation administrativeproceedings and administrative justice can help in reforming the modern legislation in this area asmistakes of the past must not be forgotten and repeated in the future. The institutes of administrativeproceedings and administrative judgment are analyzed from its origins throughout centuries.The path of the system presents relevance as it identifies landmarks such as Law books of Ivan III(1497) and of Ivan IV (1550) (the beginnings of complaint procedure), Council Code (1649) (liabilityfor violating the petition proceeding) to the era of Peter the Great reforms and the reign of CatherineII (modern principles of submitting complaints against an official to a superior body), great reformsof Alexander II and of his monarchs successors (administrative proceedings), Rules of administrativecourts (1917), the great disturbances of October 1917 and the development of a new legal system(new detailed regulation of appellate proceeding, formation of theoretical fundamentals of claim asof an administrative law category) and modern conditions. The history of the institute of administrativejustice in Russia shows an important fact, i.e. no single view has existed on single, commonor generalizing attitude to its nature. No legal definitions of the major concepts exist, in particularadministrative process, administrative and jurisdiction case, administrative dispute, administrativejustice, administrative judgment proceedings etc. The same relates to the subject matter and scopeof the area.
Published
2016-02-25
How to Cite
PanovaI. (2016). Development of Administrative Proceedings and Administrative Justice in Russia. Law Journal of the Higher School of Economics, (4), 54-69. https://doi.org/10.17323/2072-8166.2016.4.54.69
Section
Russian Law: Condition, Perspectives, Commentaries