Reference:
Shutilina O.A..
TRIBUNALS AS A FORM OF ADMINISTRATIVE JUSTICE
// Administrative and municipal law.
2015. № 6.
P. 621-625.
DOI: 10.7256/2454-0595.2015.6.66581 URL: https://en.nbpublish.com/library_read_article.php?id=66581
Abstract:
One of the key findings of this study is the fact that tribunals serve as an alternative to the traditional method of judicial control - supervision of public administration. The article examines the legal nature and the essential characteristics of tribunals. The author considers the characteristics of tribunals and the way they should be understood. The author identifies certain features of tribunals, and these elements are also discussed. The general scientific methods of cognition such as the methods of analysis, the comparative methods, the systems and structural methods, the legal and technical research methods form the methodological basis of the article. Tribunals supervision remains an important guarantee of regulation and circumscription of their functioning. The author discusses the relevant features which should be normal for any supervisory body. Lastly, the author demonstrates a short review of the debates relating to the scope of tribunal jurisdiction, and some of their drawbacks. These elements should provide an over-arching supervision over a tribunal structure.
Keywords:
fact-finding, judicial review, administrative tribunals, justification of decisions, ultimate decisions, legal force of decisions, appeal, merits review, conciliation, procedural impropriety
Reference:
Shevchuk, P.P..
Actualization of the enforcement proceedings principles
// Administrative and municipal law.
2013. № 10.
P. 1007-1012.
DOI: 10.7256/2454-0595.2013.10.63355 URL: https://en.nbpublish.com/library_read_article.php?id=63355
Abstract:
Actualization of the legislative principles is one of the conditions for the efficient state regulation. The goal
of this article is to analyze the current principle of enforcement proceedings and to formulate propositions for their
improvement. In the course of his studies the author draws a conclusion on the absence of need and expediency for
providing in the Federal Law “On Enforcement Proceedings” for the general legal principles of lawfulness, respect for
dignity of a person and obligation of timely enforcement acts and measures. The author also provides for the novel
principles of enforcement proceedings (compared to the current Federal Law), such as: information transparency
on identification and property of a debtor; supremacy of law, support of voluntary performance; permissive nature
of enforcement proceedings for the creditor. The principle of information transparency is directly connected to the
formation of public registers of enforcement and debtor property. The author is convinced that such a public register
may become an economically efficient instrument allowing for greater trust in economic relations, lowering the risks
evaluation in conclusion of contracts between the parties, curtailing the number of enforcement proceedings, and
lowering the costs of judicial proceedings.
Keywords:
enforcement proceedings, legislative principles, court enforcement officer, level of trust, proprietary immunity, public register, information transparency, supremacy of law, liability, court.
Reference:
Prizhennikova, A.N..
The problems of formation of the modern model of administrative judicial procedure
in Russia
// Administrative and municipal law.
2013. № 6.
P. 673-679.
DOI: 10.7256/2454-0595.2013.6.62797 URL: https://en.nbpublish.com/library_read_article.php?id=62797
Abstract:
Currently there is a judicial reform going on in Russia, and its goal is to form an independent and fair judicial
power. In order to support the status of the judicial power and to improve the judicial system, the Russian legislation
is being constantly amended. As part of the judicial reform, the new draft of the Federal Law N. 246960 “Code for
the Administrative Judicial Procedure in the Russian Federation”, allowing for the due implementation of Art. 118
of the Constitution of the Russian Federation, was introduced to the State Duma on March 28, 2013. Art 118 of the
Constitution of the Russian Federation provides for the four types of judicial procedure: constitutional, civil, administrative
and criminal. The work on the draft of the administrative judicial procedure legal draft was started in the
end of XX century, and the first draft of the Code was presented. The first draft Code gained various evaluations in the
scientific literatures, and it used a number of old stereotypes of the Soviet era.
Keywords:
The Code for the Administrative Judicial Procedure, administrative justice, judicial reform, administrative dispute, administrative case, administrative claim, administrative procedures, public procedure, simplified procedure.
Reference:
Nechaeva S.V..
Common Ground for Delimitation of Jurisdiction between Court of General Jurisdiction and Arbitration
Court in Accordance with the Russian Applicable Legislation.
// Administrative and municipal law.
2010. № 11.
P. 5-9.
DOI: 10.7256/2454-0595.2010.11.57732 URL: https://en.nbpublish.com/library_read_article.php?id=57732
Abstract:
The question on common grounds for delimitation of jurisdiction between court of general jurisdiction and arbitration court has a great importance for academic and research spheres because the problem of delimitation
of jurisdiction is often met in law enforcement practice. The author analyzes points of view expressed in legal literature regarding the most controversial aspects of the problem including the question about structural adequacy of the material and procedural aspects of the law and judicial service; about the relation between the object and subject of grounds for delimitation of jurisdiction between courts of general jurisdiction and arbitration
courts.
Keywords:
arbitral procedure, arbitration court, civil procedure, civil law, delimitation of jurisdiction, subjective content of a dispute, court of general jurisdiction, economic dispute
Reference:
Ishenko, O. A., Romanov, K. I..
Administrative Reform
// Administrative and municipal law.
2009. № 8.
DOI: 10.7256/2454-0595.2009.8.56796 URL: https://en.nbpublish.com/library_read_article.php?id=56796
Abstract:
The article is devoted to the administrative reform aimed at creation an effective administrative apparatus. The author defined the procedures of accomplishing the tasks important for the government and the citizens.
Keywords:
powers of executive authorities, administrative reform, law enforcement, complaints of business entities, law enforcement practice, violations of law, auditing, delimitation of authority, administrative jurisdiction, legal regulations.
Reference:
Maslyaev, A. M..
Administrative and legal principals of the justice of peace institution
// Administrative and municipal law.
2009. № 8.
DOI: 10.7256/2454-0595.2009.8.56797 URL: https://en.nbpublish.com/library_read_article.php?id=56797
Abstract:
The author focused on analyzing the thirteen administrative and legal principals having place in the justice of peace institution. The plus of the article is the broadness of the author’s scope and the polemic style of writing. The author made an attempt to demonstrate the problems of using those principals in the justice of peace activity. The article contains description of the peculiarities of the administrative and legal principals.
Keywords:
law, principals, court, court procedure, classification, right, process, justice, judge.
Reference:
Kachanov, R.R..
Judicial norm control within the system of mechanisms of “strategic justice”
// Administrative and municipal law.
2008. № 9.
DOI: 10.7256/2454-0595.2008.9.55972 URL: https://en.nbpublish.com/library_read_article.php?id=55972
Reference:
Aivar, L.K..
Judicial policy on staff.
// Administrative and municipal law.
2008. № 8.
DOI: 10.7256/2454-0595.2008.8.55935 URL: https://en.nbpublish.com/library_read_article.php?id=55935