Review of the Practice of Administrative Proceedings in Court Cases on the Settlement of Administrative Restorative Disputes Arising from Control and Supervisory Relations

Currently, the process of improving administrative legal proceedings is actively underway in the Russian Federation. It presupposes, in particular, the development of legal proceedings in cases of challenging actions (inaction) and decisions of control and supervisory authorities on the restoration of violated mandatory requirements, that is, on the settlement of administrative restorative disputes arising from control and supervisory relations. This, in turn, requires a clear identification and detailed analysis of the problems that arise in judicial practice in this category of cases. Such allocation will help to further improve the administrative-procedural legislation and more effective protection of the rights and legitimate interests of participants in legal relations. The purpose of the work is to identify existing problems and difficulties that arise when courts resolve cases on the settlement of administrative restorative disputes arising from control and supervisory relations. This requires solving the tasks of delineating the competence of courts of general jurisdiction and arbitration courts to resolve them, determining the applicable legislation, as well as identifying specific types of judicial errors in this category of cases. During the research, systematic, logical, formal legal methods were used. According to the results of the study, conclusions were drawn about the presence of certain typical categories of errors when resolving cases on the settlement of administrative restorative disputes arising from control and supervisory relations. These errors are systematized and the possibilities of their prevention are indicated, taking into account the legal positions of the Supreme Court of the Russian Federation.