Administrative proceedings - this is the activity of courts to consider disputes of citizens and organizations with authorities. It is regulated by CAS and other laws.
The concept of administrative proceedings
Administrative proceedings are a system for the resolution of disputes arising on a common basis. In fact, there is still a lively discussion about the nature and boundaries of administrative proceedings. Some lawyers believe that part of it are cases subject to consideration under the Code of Administrative Offenses.
To date, the legislator adheres to a different concept, which is implemented through the adoption of the Code of Administrative Offenses and CAS.
Relation to civil proceedings
Unfortunately, according to formal signs, the scope of civil and administrative proceedings cannot be differentiated now. How to determine what sphere a case involving officials is involved in if it is not mentioned in the procedural codes?
In 2015, a letter was issued by the Armed Forces of the Russian Federation with the signature of the chairman of the civil affairs board. The document quite clearly describes which category to include, for example, pension disputes and cases of inaction of officials in the issue of registration on housing. The letter resonated among practicing lawyers, but it cannot be ignored. In addition, it filled a serious legislative gap.
Administrative case
Administrative matters are disputes arising between authorities and citizens or organizations. In Art. 1 CAS gives a complete list of cases that relate to the administrative process.
What is included in it? Questions:
- violation of voting rights;
- contesting the legality of the action or inaction of the authority or military command, an individual official;
- contesting the legality of a normative act;
- contesting the legality of a non-normative act (individual action, for example, an order to impose a penalty on a military man);
- contesting the actions and inaction of the qualification collegiums of judges;
- on receipt of compensation for violation of a reasonable period of legal proceedings;
- on the obligation to pay taxes and tax sanctions;
- the legality of the existence of the media, political parties and religious organizations;
- on the deportation of foreigners or stateless persons;
- hospitalization in a psychiatric or tuberculosis hospital.
Administrative litigation courts
Administrative proceedings - this is the activity of courts of all levels: world, district, regional, regional, republican and Supreme courts of the country.
The bulk of the cases are heard by world and district courts in the first instance.
The plaintiff must choose a court based on the location of the defendant, with the exceptions specified in the law.
The first instance for some cases are the courts of the second level (courts of the region, republic, city of federal significance). In some cases, the plaintiff is given the right to choose which court to apply to.
Only general courts are included in the system of administrative courts. For example, if a commercial organization wishes to challenge the actions of an official or authority or the legality of a normative legal act, it applies to the arbitration court. Tax disputes involving commercial organizations are also resolved in the arbitration system. Those. if the economic activity of an entrepreneur or legal entity is affected by the actions of officials, the application is considered exclusively in the arbitration court.
Dispute Resolution Principles
The principles of administrative legal proceedings are the basic ideas embedded in the production system. This is the ideal to strive for. They are directly set forth in the code. The list includes:
- court independence;
- equality of participants in the process before the law;
- the obligation of the court to resolve disputes, guided by law and justice;
- consideration of disputes within a reasonable time and enforcement of judicial acts, also within a reasonable time;
- immediacy of the proceedings;
- competitiveness of the parties;
- publicity and openness of the proceedings;
- active role of the court.
Independence of the court and equality of arms
Independence means the exclusion of pressure on the court from the side of the participants in the process or by someone outsiders in order to influence the decision.
Equality means equal standing, equal scope of rights and obligations of process participants.
Legality and fairness of the proceedings within a reasonable time
Legality - consideration of disputes in accordance with the provisions of the regulatory framework. The rule of law often conflicts with justice, and their combination in practice is constantly causing problems.
Reasonable time - the dispute must be resolved within the legal framework. The court ruling should also be enforced.
Immediate proceedings, principle of adversarial and openness
Immediate proceedings - the court decides solely on evidence examined with the participation of the parties in the trial. It is forbidden to use evidence that is not considered in the process.
Adversarial process - each party is obliged to substantiate its arguments and provide evidence.
Publicity and openness gives the right to anyone who wants to attend a court session, information about the process should be publicly available, the court decision should also be in the public domain.
The active role of the court
Administrative proceedings are, first of all, a special provision of the court in the process.
The judge has the right to go beyond the requirements of the claim, to demand evidence and call witnesses at his discretion without the request of the parties. The active role of the court is justified by the factual inequality of the citizen and organization before the authorities.
Goals of Administrative Justice
The tasks of administrative proceedings include several points:
- access to justice;
- protection of violated rights and interests of citizens and organizations;
- the correct consideration of disputes within the specified time frame;
- strengthening the rule of law.
Access to justice means that there are no obstacles to going to court, appealing against its decisions, etc.
Protecting violated rights is what usually serves as a pretext for filing a lawsuit. Interests - certain guarantees provided by the state, the ability to exercise certain rights.
The correct and timely resolution of a dispute is the fulfillment by the court of all the norms of the law within the time limits prescribed by law during the course of the proceedings.
Strengthening the rule of law - suppression of illegal actions of authorities, officials who were the subject of appeal to the court or were identified during the process.
Types of administrative proceedings
CAS provides for two forms of litigation:
- action proceedings;
- issuance of a court order.
In the first option, a lawsuit is filed and the proceedings are conducted in court. After hearing the arguments of the parties and examining the evidence, the judge makes a decision.
A court order is issued on the basis of the application and the package of documents attached to it. The decision is made without a call and participation of the parties. If the judge agreed to issue the order, a copy with the attached materials is sent to the debtor. Allowed 10 days to write a statement of disagreement with the order.