Особенности взыскания судебных расходов при административном судопроизводстве, в том числе при рассмотрении коллективных административных исковых заявлений
The article discusses the features of challenging legal acts and decisions of state authorities in accordance with the Code of Administrative Procedure of the Russian Federation. Unfortunately, many modern problems of administrative legal proceedings are historically predetermined by the peculiarities of Russian legislation, which were laid down during the Soviet period. Two years later, the established law enforcement practice of the CAS RF allows for an analysis and preliminary assessments of the main trends (trends) in the development of both legislation and the practice of administrative legal proceedings.
The article discusses the features of challenging legal acts and decisions of state authorities in accordance with the Code of Administrative Procedure of the Russian Federation.The author explores the new requirements for evidence and proof. By analogy with the Code of Civil Procedure of the Russian Federation, the Code establishes that the named authorities, organizations and officials must prove the legality of the adopted normative acts, decisions, actions (inaction) of bodies, organizations and officials
The article jusitifies the need of overcoming the purely jurisdictional approach to the administrative law and overestimated role of the Administrative Code, as well as forming the anticipating support system for the country's functioning. Focus on organization of management of state affairs allow to develop a mechanism of stable influence of principles, institutes and norms of administrative law and development of other branches of law and, eventually, on social and economic and political process, stable international and legal development.
The article describes the stages of administrative law science development and explains the conditions for renewal of its certain provisions. A new system of science is proposed, modern administrative and legal institutes of regulation, competence of subjects, discretion, risks, etc., are considered in detail. Proposals on improvement of the administrative laws are subsantiated.
There are situations in which the authorities violate the rights and lawful interests of two or more individuals or organizations. However in the civil procedure legislation of the Russian Federation there are practically no rules governing the procedure for submission to the court a collective complaint to contest the decisions, actions (inaction) of bodies. The author examines the legal nature of collective complaints, as well as the prerequisites of the right to appeal to the court of two or more persons whose interests are compatible and not mutually exclusive.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/