Constitutional and legal bases of administrative proceedings in foreign countries

Том 7 (2022), № 2-3, с. 172–180

[ JURIDICAL SCIENCES ]

Article (file: pdf, size: 333 KB, downloads: 91)

Abstract:

The article is devoted to the analysis of the constitutional legislation of foreign countries, which establishes the foundations of the activities of administrative courts. The following methods were used in the work: dialectical and systematic method, analytical method, method of comparative legal analysis. The results of the research can be used as theoretical provisions of the science of constitutional law of foreign countries and administrative procedural law, as well as in legislative practice. The issues of administrative legal proceedings, both in the Russian Federation and in some foreign countries, remain beyond the clear legislative consolidation of the constitutional foundations. Also, foreign legislation does not define the system of constitutional principles of administrative proceedings as the main principles of the activity of administrative courts. For the effective implementation of administrative legal proceedings, a system of specialized courts is needed, specializing in the consideration of administrative cases and disputes arising from public legal relations (administrative justice). The activity of administrative courts (administrative justice and jurisdiction) should be based on important constitutional and legal foundations for foreign countries with various forms of government and for a of government, which are proclaimed in the constitutions and basic laws of these countries. Based on the analysis of the constitutional provisions of foreign countries, gaps in legal regulation have been identified and proposals for improving the constitutional legislation of foreign states have been formulated. The scientific novelty of the study lies in the fact that for the first time the authors conducted a comprehensive study of the constitutional and legal foundations of administrative proceedings on the example of foreign countries.

Keywords:

constitutional regulation, administrative proceedings, administrative justice, administrative jurisdiction

Author:

Roman S. Tikhy
Kuban State Agrarian University, Krasnodar, Russian Federation

For citation:

Tikhy R. S. (2022) Constitutional and legal bases of administrative proceedings in foreign countries. Sotsialnaya kompetentnost = Social Competence. Vol. 7. No. 2-3. P. 172-180. (In Russ.)

References

  1. Studenikina M. S., Sokolov I. A. (2013) Administrative justice: organizational and procedural aspects. Administrativnoe sudoproizvodstvo v Rossijskoj Federacii: razvitieteoriiiformirovanieadministrativnopr ocessual’nogozakonodatel’stva = Administrative legal proceedings in the Russian Federation: development of the theory and formation of administrative procedural legislation. Voronezh: Voronezh State University. Iss. 7. Р. 592. (In Russ.)
  2. GaliiI. M. (2007) To the question of the conceptual foundations of administrative justice. Rossiiskii suya. 2007. No. 1. P. 42. (In Russ.)
  3. Zelentsov A. B. (2000) Administrative and legal dispute (theoretical and methodological approaches to research). Pravovedenie. 2000. No. 1. P. 69. (InRuss.)
  4. Studenikina M. S. (2001) Procedural forms of administration of justice in administrative cases. Sudebnayareforma v Rossii: problem sovershenstvovaniya protsessualnogo zakonodatelstva: materialy nauchno-prakticheskoi konferentsii (Moskva, 28 maya 2001 g.)=Judicial Reform in Russia: Problems of Improving Procedural Legislation: Proceedings of the Scientific and Practical Conference (Moscow, May 28, 2001). Moscow: Publishing House Gorodets. P. 177. (In Russ.)
  5. Zvereva T. V. (2019) Theoretical aspects of the implementation of administrative proceedings in the Russian Federation. Sovremennye nauchnyei ssledovaniya iinnovatsii = Modern scientific researches and innovations. No. 3. (In Russ.)
  6. Salishcheva N. G. (2015) On judicial control over the activities of executive authorities. Trudy Instituta gosudarstva i prava RAN = Proceedings of the Institute of State and Law of the Russian Academy of Sciences. No. 4. Р. 79–101. (InRuss.)
  7. Khamaneva N. Yu. (2009) Administrativno-pravovoi spor kak raznovidnost’ yuridicheskogo konflikta.Trudy Instituta gosudarstva i prava RAN = Proceedings of the Institute of State and Law of the Russian Academy of Sciences. No. 3. Р. 36. (In Russ.)
  8. Sokolov I. A. (2009) Administrative justice: substantive and procedural aspects. Moscow:Moscow State Law Academy O. E. Kutafina. Р. 12. (In Russ.)
  9. Kulyushin E. N. (2020) On the concept of administrative justice in foreign legal doctrine. Rossiiskii yuridicheskii zhurnal = Russian legal journal. No. 3. (In Russ.)