Prizhennikova, A.N., Baranov, V.A. Administrative judicial procedure within the judicial power system

Abstract: The Russian Federation is the Member State of the UNO and the Member of the Council of Europe, it has recognized the jurisdiction of the European Court of Human Rights. That is why, formation of administrative justice in Russia is closely connected with the implementation of the basic principles and international standards of administrative judicial procedure. Correlation of national and international law in the sphere of protection of rights, freedoms and lawful interests of people, harmonization of national norms and international standards of administrative justice are the foremost important issues, requiring serious evaluation. The Federal Constitutional Law of December 31, 1996 “On the Judicial System of the Russian Federation” provides for the formation of the specialized federal courts competent to deal with administrative cases within the system of federal courts of general jurisdiction (Art. 26). Administrative judicial procedure is provided for by the Art. 118 of the Constitution of the Russian Federation as an independent form of administering justice. Currently, there is a new draft of the Federal Law “Code of Administrative Judicial Proceedings of the Russian Federation”, it was introduced into the State Duma on March 28, 2013, and it should come into force in 2014. The provisions of the new code shall not apply to the proceedings on administrative offences cases, and they shall also not apply to the arbitration courts. Administrative judicial proceedings are regulated with the three codes. One may get easily confused among various branches of law by the vast variety of procedural norms and specific features regarding proceedings on administrative cases, and the situation remains the same, since administrative judicial procedure shall be regulated by several codes. It does not facilitate uniformity and conceptual finish, formation of a rational legal regulation mechanism for this type of procedure, it shall not make the judicial practice on administrative cases uniform, violating the requirement of the Constitution of the Russian Federation on equality of all under the law and in court.

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