Organizational and legal forms of administrative justice in the Russian Federation: search for alternatives
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2025
Rubrics: STATE. SOCIETY. LAW
Authors:
1.
Ministry of Internal Affairs of the Russian Federation
(Sledstvennoe Upravlenie UMVD Rossii po Petrogradskomu rayonu goroda Sankt-Peterburga, Sledovatel')
employee from 01.01.2025 until now
Russian Federation
employee from 01.01.2025 until now
Russian Federation
2.
Rossiyskiy gosudarstvennyy universitet pravosudiya imeni V.M. Lebedeva (Severo-Zapadnyy filial)
(kafedra gosudarstvenno-pravovyh disciplin, docent)
employee
employee
Type:
Article
Pages:
from 113
to 119
Status:
Published
Received:
15.05.2025
Accepted:
27.06.2025
Published:
13.07.2025
Subject area:
UDC 342
Language:
Russian
Keywords:
Administrative justice, administrative proceedings, administrative process, quasi-judicial bodies, organizational and legal form
Abstract (English):
Introduction. In 2015, with the adoption of the Code of Administrative Procedure of the Russian Federation, administrative proceedings were separated from civil proceedings. However, the expected reform of the judicial system has not yet followed. The new procedural form of court activity has not received its organizational and structural support. At the same time, statistics on administrative cases considered by the courts demonstrate consistently high rates with a tendency to increase. The importance of this type of legal proceedings for ensuring the rights and legitimate interests of participants in administrative relations, as well as the high workload of judges and judicial apparatuses, force us to look for ways to improve the efficiency of this activity, including within the framework of the organizational and structural construction of the judicial system. A study of the historical experience of Russia and foreign countries makes it possible to propose alternative judicial organizational and legal forms of administrative justice. The purpose of the study conducted by the authors of the article was a comprehensive study of the institution of administrative justice, its evolution in Russia, consideration of foreign experience accumulated in this area, in order to develop proposals for optimizing the existing judicial and administrative systems by optimizing the organizational support of activities for the consideration of administrative-legal disputes. Methods. The study used analysis and synthesis, induction and deduction methods, historical and legal method, statistical method, system analysis, as well as comparative legal and formal legal private scientific methods. Results. The study made it possible to substantiate the need for a number of organizational transformations of the judicial system of Russia in terms of forming a judicial corps specializing in the consideration of administrative claims and creating departments for ensuring legal proceedings in administrative cases in the offices of courts of general jurisdiction. An important step could be the expansion of the use of the extra-judicial organizational form of administrative justice in the form of a system of quasi-judicial bodies while maintaining the control function of the courts.
Introduction. In 2015, with the adoption of the Code of Administrative Procedure of the Russian Federation, administrative proceedings were separated from civil proceedings. However, the expected reform of the judicial system has not yet followed. The new procedural form of court activity has not received its organizational and structural support. At the same time, statistics on administrative cases considered by the courts demonstrate consistently high rates with a tendency to increase. The importance of this type of legal proceedings for ensuring the rights and legitimate interests of participants in administrative relations, as well as the high workload of judges and judicial apparatuses, force us to look for ways to improve the efficiency of this activity, including within the framework of the organizational and structural construction of the judicial system. A study of the historical experience of Russia and foreign countries makes it possible to propose alternative judicial organizational and legal forms of administrative justice. The purpose of the study conducted by the authors of the article was a comprehensive study of the institution of administrative justice, its evolution in Russia, consideration of foreign experience accumulated in this area, in order to develop proposals for optimizing the existing judicial and administrative systems by optimizing the organizational support of activities for the consideration of administrative-legal disputes. Methods. The study used analysis and synthesis, induction and deduction methods, historical and legal method, statistical method, system analysis, as well as comparative legal and formal legal private scientific methods. Results. The study made it possible to substantiate the need for a number of organizational transformations of the judicial system of Russia in terms of forming a judicial corps specializing in the consideration of administrative claims and creating departments for ensuring legal proceedings in administrative cases in the offices of courts of general jurisdiction. An important step could be the expansion of the use of the extra-judicial organizational form of administrative justice in the form of a system of quasi-judicial bodies while maintaining the control function of the courts.
Keywords:
Administrative justice, administrative proceedings, administrative process, quasi-judicial bodies, organizational and legal form
Administrative justice, administrative proceedings, administrative process, quasi-judicial bodies, organizational and legal form
