Principles of Administrative Procedural Law: Some Aspects of Content and Implementation

The subject of the article are modern principles of administrative-procedural law, implemented in the Russian legislation. The purpose of the article is to develop theoretical provisions aimed at forming a holistic view of the system of principles of Russian administrative-procedural law, identifying various manifestations of their implementation and interaction, improving the practice of application. The content of: 1) the principle of due process, which presupposes that the public administration respects the established forms of each stage and each stage of the proceedings; 2) the principle of promptness and procedural economy, which enshrines the ideal combination of promptness and respect for the law and its essential formalities; 3) the principle of not formalism, which means the obligation of the public administration to remove unnecessary obstacles to the development of the administrative procedure so that it is carried out promptly; 4) the principle of materiality, which means that the public administration must comply with the established forms of each stage and each stage of the proceedings; (5) the principle of “in dubio pro actione”, according to which the public administration must ensure the continuation of the administrative process, going beyond formal difficulties; (6) the principle of discretion, which implies the discretion granted by law to the public administration or the court in choosing options for administrative actions or decisions; (7) the principle of “non reformation in peius”, preventing the worsening of the situation of the complainant.

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Publication Details

Journal
Baikal Research Journal
Published
2024-12-20
DOI
https://doi.org/10.17150/2411-6262.2024.15(4).1391-1401
Primary Topic
Legal and Policy Issues
Type
article
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article

Principles of Administrative Procedural Law: Some Aspects of Content and Implementation

O. I. Beketov, Vadim Igorevich Surgutskov
Baikal Research Journal
Legal and Policy Issues
article

Principles of Administrative Procedural Law: Some Aspects of Content and Implementation

O. I. Beketov, Vadim Igorevich Surgutskov
article en

Abstract

The subject of the article are modern principles of administrative-procedural law, implemented in the Russian legislation. The purpose of the article is to develop theoretical provisions aimed at forming a holistic view of the system of principles of Russian administrative-procedural law, identifying various manifestations of their implementation and interaction, improving the practice of application. The content of: 1) the principle of due process, which presupposes that the public administration respects the established forms of each stage and each stage of the proceedings; 2) the principle of promptness and procedural economy, which enshrines the ideal combination of promptness and respect for the law and its essential formalities; 3) the principle of not formalism, which means the obligation of the public administration to remove unnecessary obstacles to the development of the administrative procedure so that it is carried out promptly; 4) the principle of materiality, which means that the public administration must comply with the established forms of each stage and each stage of the proceedings; (5) the principle of “in dubio pro actione”, according to which the public administration must ensure the continuation of the administrative process, going beyond formal difficulties; (6) the principle of discretion, which implies the discretion granted by law to the public administration or the court in choosing options for administrative actions or decisions; (7) the principle of “non reformation in peius”, preventing the worsening of the situation of the complainant.

Baikal Research JournalVol. 15(4)
Siberian Law University (RU), Omsk Academy of the Russian Interior Ministry (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 43%
Legal and Policy Issues
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