Abstract: The subject of the research is the nettlesome issues and questions that relate to a particular legal proceeding based on the selected means of protection of applicant's rights. Ivanova analyzes the provisions of the Administrative Procedure Code of the Russian Federation on the rejection of an administrative application as a result of the wrong selection of the legal proceeding kind. She also outlines the debatable issues in the current judicial practice and defines the matter of debate between parties. The subject of the research is the forthcoming changes in the legislation. The  methodological basis of the research includes basic procedures including analysis and synthesis, analogies, logical, comparative law analysis, etc. Based on the analysis of judicial cases te author comes to the following conclusions: 1. The definition given in Subclase 1 of Clause 1 of Article 128 of the Administrative Procedure Code of the Russian Federation needs to be changed, in particular, to be narrowed, as the Supreme Court of the Russian Federation suggests in its draft law; 2. Despite the fact that the Administrative Procedure Code of the Russian Federation came into effect on September 15, 2015, applicants and sometimes courts still face confusion in administrative legal proceedings when they try to define whether this or that claim should be submitted as administrative offence; 3. Taking into account all the mentioned above, there is a certain abuse of the law from the side of administrative applicants which is demonstrated by the second example. 

Abstract: The subject of this research is the category of subjective interest in administrative judicial procedure. The article analyzes the regulation of the Article 128 (Section 3, Part 1) of the Code of Administrative Judicial Procedure of the Russian Federation that stipulates refusal in accepting an administrative statement of claim in determining by the court the lack of legal interest of an administrative plaintiff. The author considers the scientific positions and the practice of superior courts on the question of establishing by the court of legal interest of an administrative plaintiff in the absence of partied, as well as analyzes the question of interpretation of the concept of subjective interest of an administrative plaintiff, including in legal relations on environmental protection. The following conclusions were made in the course of this work: the question on subjective interest in administrative judicial procedure can be a separate object of dispute, and a plaintiff must be afforded an opportunity to adduce evidence in order to substantiate the presence of interest. The court refusal in accepting administrative statement of claim is inadmissible in case of potential violation of the socially important interests, which can affect the interests of an administrative plaintiff. The author’s special contribution lies in conclusion on the need for adopting clarifications by the Supreme Court of the Russian Federations on the extensive interpretation of the Article 11 of the Federal Law “On Environmental Protection”.

Abstract: The subject of this research is the category of subjective interest in administrative judicial procedure. The article analyzes the regulation of the Article 128 (Section 3, Part 1) of the Code of Administrative Judicial Procedure of the Russian Federation that stipulates refusal in accepting an administrative statement of claim in determining by the court the lack of legal interest of an administrative plaintiff. The author considers the scientific positions and the practice of superior courts on the question of establishing by the court of legal interest of an administrative plaintiff in the absence of partied, as well as analyzes the question of interpretation of the concept of subjective interest of an administrative plaintiff, including in legal relations on environmental protection. The following conclusions were made in the course of this work: the question on subjective interest in administrative judicial procedure can be a separate object of dispute, and a plaintiff must be afforded an opportunity to adduce evidence in order to substantiate the presence of interest. The court refusal in accepting administrative statement of claim is inadmissible in case of potential violation of the socially important interests, which can affect the interests of an administrative plaintiff. The author’s special contribution lies in conclusion on the need for adopting clarifications by the Supreme Court of the Russian Federations on the extensive interpretation of the Article 11 of the Federal Law “On Environmental Protection”.