Проблемы судебной подведомственности административных дел
The subject of this article - is the research of public interest in Russian civil proceedings. The author compares the private interest and the public interest as well the public, state and society interest in law and draws conclusions about their similarities and differences. The article deals with the specific manifestation of public interest in civil proceeding (abstract and specific) and investigates problems of using this term in the text of the law and practice.
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 is about actual issues of administrative and judicial reforms, a number of important for understanding of the issue terms (legal process, the administrative process, administrative and procedural activities, administrative justice, administrative jurisdiction, administrative court proceedings, etc.), various problems of administrative cases in the courts, and in pre-trial (court) order. The new procedural act (the Code of Administrative Court Procedure) is also analyzed. A lot of attention is also paid to the issue of pre-trial damages.
In the basis of book lies the dialectical description of the judicial system as a purposeful system having a complex hierarchy and rules of functioning, which is in continuous interaction of its internal elements and external factors of influence, including other branches of government, therefore structural changes of the judicial system in itself, as well as its competence and the quality of justice in general are observed. Consideration by the author of judicial system as an integrated dynamic system allows to reveal a number of regularities in its cyclical development. Society, as it is known, develops in a spiral. Exactly this model of evolution in philosophy arose as a result of the interaction of the three laws of dialectics: the unity and conflict of opposites, the transition of quantitative changes into qualitative, and the negation of negation. The court as a mirror of society repeats the convolutions of its development. The line forming a spiral is the hierarchy of the judicial system. At the same time this line, as the spiral of lower order, represents the unification and differentiation of judges’ specialization in consideration and resolution of cases, in jurisdiction and official knowledge of controversies, as well as the centralization and decentralization of judicial control, and as a consequence, the redistribution of powers between the judicial instances (appeal, cassation, supervision). Reduction or increase in number of judicial instances occurs simultaneously with the change of the administrative-territorial division of the state, and principles of government, the population size, and hence the number of cases coming to court. Depending on what authority (judicial or non- judicial) heads the judicial system and carries out check of the court decisions, there is the correction of its principles and procedures. The domestic judicial system, having passed some cycles, recently passed the bifurcation point and again is in an unstable state. Evidence of this is the merger of higher judiciary in the system of arbitration courts and courts of general jurisdiction, despite the fact that this task was not included in the Federal target program for development of the judicial system until 2020. Complex study of factors influencing the judicial system will allow us to comprehend the global processes in society and the state – as being fundamentals in forming the structure of the judicial system and principles of its functioning. Such researches are useful for fledged understanding the history of the development of the domestic judicial system and its trends. Therefore, taking into account the history of transformations and their scales, the book gives a new understanding of the modern state of judicial system and possibility of its modeling – with due regard for the mistakes of the past.
The article is devoted to the comparative legal analysis of the status of the court administrator in Russia and foreign countries. The experience of Canada and the United States of America is presented. The existing shortcomings of the internal administration of Russian courts and the direction of the perspective development of the Institute of judicial administrator are outlined.
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.
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/