Lapina M.A., Golovin Yu.A. Euro-American standard code of administrative jurisdiction: the potential of legal impact on administrative legal proceedings in the Russian Federation

Abstract: The research subject is the comparative-legal analysis of the structure, the purposes, and the subjects of legal regulation, the principles of the Code of administrative legal proceedings of the Russian Federation and the standard Euro-American code of administrative jurisdiction incorporating the foundations of administrative jurisdiction regardless of legal systems (Continental European and Latin-American). In Russia, since the soviet period, there exists the institution of administrative jurisdiction implemented mainly by virtue of the Code of Administrative Offences of the Russian Federation; since 15 September 2015, the Code of administrative legal proceedings of the Russian Federation is functioning, as well as the institution of administrative jurisdiction on the codified basis. In most modern democratic states the legislative provisions, related to the peculiarities of consideration of administrative cases through judicial (quasi-judicial) proceedings, are functioning. The study contains the author’s translation of the Euro-American standard code of administrative jurisdiction and the comparative-legal analysis of the institution of administrative jurisdiction, which is important for the improvement of administrative legal proceedings in the Russian Federation, including the possibility of normative consolidation of responsibility of the state and administrative bodies (executive bodies) and their officials for the violation of citizens’ rights in the sphere of public administration. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy deduction, observation, modeling), traditional legal methods (formal logical), and the methods of special sociological research (statistical, expert assessments, etc.), and the comparative method. The author carries out the comparative analysis of the content, the structure and the register of administrative cases and principles of the standard Euro-American code of administrative jurisdiction and the code of administrative legal proceedings of the Russian Federation. The author concludes that it is necessary to use particular elements of the administrative jurisdiction model, contained in the Euro-American standard code of administrative jurisdiction, for the revival and development of effective judicial protection of the violated or contested rights, freedoms and interests of citizens and organizations resulting from administrative and other legal relationship in the modern Russian state. The novelty of the study consists in the conclusion about the possibility of legal impact of the Euro-American standard code on the improvement of the institution of administrative jurisdiction in the Russian Federation. 

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