Toropov, A.V. Claim form in the administrative judicial proceedings: new matters in legislation.

Abstract: The author analyzes contents and specific features of the claim form of judicial proceedings in administrative proceedings. Topicality of this issue is due to the fact that the draft Administrative Proceedings Code of the Russian Federation has passed the first parliamentary reading. The object of studies includes the theoretical bases for the administrative claim as the means for the protection of public rights, as well as the newest Russian legislation regulating the judicial proceedings on cases arising of public law relations. The problem is that introduction of claims into the administrative judicial proceedings presupposes the use of the general rules for the claims proceedings, however, specific features of the public law dispute should predefine the differences between the claim proceedings on cases arising from public law relations and the claim proceedings in civil and arbitration process. The study was based upon the combination of scientific methods used for the studies of legal matters and processes. In order to reveal the contents and nature of the claims on public law cases the authors use the methods of comparative legal studies, systemic analysis, structural functional, formal logical methods, the method of legal modeling, etc. The author supposes that the procedural means for the implementation of the right to administrative claims is the administrative claim in court. The author notes special requirements to the contents of administrative claim, including those provided for by the Administrative Proceedings Code on obligatory participation of a representative in especially complicated cases. The author analyzes the conditions for filing in court an administrative claim, grounds for not accepting such a claim, when there was a previous court decision on the same issue, which came into force. In the opinion of the author the grounds for not accepting the case should be related with the same object and the same grounds for the administrative claim. The article includes analysis of periods for filing an administrative claim in court, and the issues regarding restoration of the of the period. It is noted that procedural periods are shortened, which is due to the specific features of public legal relations and value of the public law disputes. The conclusion is made that for the protection of public legal rights, the means and methods of protection should be chosen with due consideration for the specific features of a public law dispute.

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