Reconciliation of Parties to Administrative Proceedings: Issues of Theory and Practice

The article analyzes the concept of administrative proceedings, by which the author understands not only the resolution of certain categories of cases according to the rules of the Code of Admi­nistrative Proceedings of the Russian Federation, but also the activities of arbitration courts in considering and resolving cases arising from administrative and other public legal relations. The common nature of these types of cases predetermines the need for uniform procedural features of their resolution. For example, the question of the possibility of concluding a settlement agreement in public law disputes is debatable. Based on the norms of the current substantive and procedural legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation and established judicial practice, the impossibility of concluding a settlement agreement (reconciliation agreement) by the parties to an administrative or other public law conflict is argued. At the same time, the possibility of reconciliation of participants in controversial private law relations, one of which is a public legal entity, is indicated

Authors

Publication Details

Journal
Rossijskoe pravosudie
Published
2024-08-19
DOI
https://doi.org/10.37399/issn2072-909x.2024.9.76-83
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Reconciliation of Parties to Administrative Proceedings: Issues of Theory and Practice

Ekaterina V. Mikhailova
Rossijskoe pravosudie
International Arbitration and Investment Law
article

Reconciliation of Parties to Administrative Proceedings: Issues of Theory and Practice

Ekaterina V. Mikhailova
article en

Abstract

The article analyzes the concept of administrative proceedings, by which the author understands not only the resolution of certain categories of cases according to the rules of the Code of Admi­nistrative Proceedings of the Russian Federation, but also the activities of arbitration courts in considering and resolving cases arising from administrative and other public legal relations. The common nature of these types of cases predetermines the need for uniform procedural features of their resolution. For example, the question of the possibility of concluding a settlement agreement in public law disputes is debatable. Based on the norms of the current substantive and procedural legislation, clarifications of the Plenum of the Supreme Court of the Russian Federation and established judicial practice, the impossibility of concluding a settlement agreement (reconciliation agreement) by the parties to an administrative or other public law conflict is argued. At the same time, the possibility of reconciliation of participants in controversial private law relations, one of which is a public legal entity, is indicated

Rossijskoe pravosudie(9)
Openalex Percentile: Top 72%
International Arbitration and Investment Law
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