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ADMINISTRATIVE PROCEDURE: ITS PROBLEMS AND SOLUTIONS

https://doi.org/10.17803/2313-5395.2017.1.7.180-199

Abstract

The paper deals with an array of key problems of administrative procedure and possible ways of solving them. Firstly, for the theme in question the most important problem is the problem of an administration procedure, and an administrative procedure of the executive power implementation. Thus, the conclusion follows that if there is no answer to the question of how to achieve the goal, in what order, what is the logic and sequence of administrative actions, what is the content of procedural activities, the issue concerning an administrative goal becomes meaningless. Secondly, the problem amounts to the discussion with regard to the essence and structure of administrative procedure, its wide administrative and procedural meaning and a narrow jurisdictional and law-enforcement meaning, and the balance between administrative procedures and jurisdictional proceedings. Thirdly, the paper dwells on the independence of administrative procedure law in the Russian legal system.

About the Author

L. L. Popov
Kutafin Moscow State Law University (MSAL)
Russian Federation


References

1. Davydov, K. B. (2010). Administrative regulations of federal bodies of the executive power of the Russian Federation: Theoretical issues. Monograph. Ed. by Yu. N. Starilov. Moscow: NB-Media. (In Russ.).

2. Explanatory Dictionary of the Russian Language. Ed. by D. N. Ushakov. Volume III. 1939. P. 1042. (In Russ.).

3. Makhina, S. N. (1999). Administrative Procedure. Voronezh State University Publishing House. P. 32. (In Russ.).

4. Popov, L. L. (ed.). (2005). Administrative Law. Textbook. Moscow: Yurist. P. 391. (In Russ.).

5. Renov, E. N. (2007). The preface to Panov, I. V. Administrative procedural law of Russia. Moscow: Norma. (In Russ.).

6. Russian Language Dictionary. Volume III. Moscow. 1983. P. 543. (In Russ.).

7. Sorokin, V. D. (2002). The Administrative Process and Administrative Law. St. Petersburg. P. 14. (In Russ.).

8. Stakhov, A. I. (2015). Administrative procedural law as a branch of the legal system of the Russian Federation, in II Moscow Legal Forum (Kutafin readings). Modern problems of administrative procedure in state administration. Moscow: Publishing Center of the Kutafin Moscow State Law University (MSAL). P. 175. (In Russ.).


Review

For citations:


Popov L.L. ADMINISTRATIVE PROCEDURE: ITS PROBLEMS AND SOLUTIONS. Kutafin Law Review. 2017;4(1):180-199. https://doi.org/10.17803/2313-5395.2017.1.7.180-199

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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)