Administrative legal proceedings as a procedural form of protection

The article deals with the problem of defining the concept, legal nature and procedural features of the administrative procedural form. The author considers the concept of administrative proceedings in a broad sense, including both the activities of courts of general jurisdiction and arbitration courts. The fundamental difference between private law and public law relations is shown, the idea of the need to transform administrative proceedings is substantiated, taking into account the specifics of the public law to be protected and the peculiarities of regulating public law relations. The problem of independence and impartiality of the court considering the public law conflict is posed, the way of its solution is proposed. Substantiated proposals for improving the judicial protection of public rights, which are based on public, state interests.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-09-06
DOI
https://doi.org/10.31857/s1026945224060055
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Administrative legal proceedings as a procedural form of protection

Ekaterina V. Mikhailova
Gosudarstvo i pravo
European and International Law Studies
article

Administrative legal proceedings as a procedural form of protection

Ekaterina V. Mikhailova
article en

Abstract

The article deals with the problem of defining the concept, legal nature and procedural features of the administrative procedural form. The author considers the concept of administrative proceedings in a broad sense, including both the activities of courts of general jurisdiction and arbitration courts. The fundamental difference between private law and public law relations is shown, the idea of the need to transform administrative proceedings is substantiated, taking into account the specifics of the public law to be protected and the peculiarities of regulating public law relations. The problem of independence and impartiality of the court considering the public law conflict is posed, the way of its solution is proposed. Substantiated proposals for improving the judicial protection of public rights, which are based on public, state interests.

Gosudarstvo i pravo(6)
Institute of State and Law (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
European and International Law Studies
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