Prizhennikova, A.N. Administrative judicial procedure in the arbitration courts: arbitration process?

Abstract: The article includes analysis of the topical issues regarding the correlation of the terms administrative process and arbitration process The categories of cases, which are dealt with by the arbitration courts, fall within either administrative or arbitration procedural orders of adjudication. Such a division causes certain problems with the competence over the cases. The specific features for the adjudication of cases under Art. 24 of the Arbitration Procedural Code is that these disputes have public legal character, which is in turn based upon the inequality of parties to the dispute. The Arbitration Procedural Code of the Russian Federation defines the adjudication in the arbitration courts on the disputes arising from administrative relations as administrative procedure. Taking into account the specific features of such cases, it seems necessary to include special procedural provisions for it, namely the Administrative Judicial Procedural Code, which shall serve as a basis for the specific administrative procedural form of resolution of administrative legal disputes. The author expresses her opinion on the development of administrative judicial procedure.

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