Administrative Justice (I.V. Panova, A.A. Zaraiskiy, журнал "Право. Журнал Высшей школы экономики", N 3, июль-сентябрь 2022 г.)

Panova I.V., Zaraiskiy A.A. Administrative Justice

I.V. Panova - Doctor of Science (Law), Professor, Astrakhan State University

A.A. Zaraiskiy - Doctor of Science (Philology), LLM (Economics), Professor, Saratov State Law Academy

Based on an analysis of the current state of legislation and judicial practice and also of certain specific development trends, this article considers the issues relevant to administrative and judicial reforms, identifies a number of terms important for understanding the matter in question, and highlights various problems in trying administrative cases in courts as well as in pre-trial (extrajudicial) proceedings. The new Code of Administrative Judicial Procedure of the Russian Federation is examined closely for its consistency with other procedural laws. The article also points out the problem in jurisdiction over administrative cases that may arise among the several panels of the Supreme Court of the Russian Federation, which may arrive at different outcomes in similar disputes. The general jurisdictional approach used by courts to consider administrative offenses related to entrepreneurial activities is critically assessed. The disadvantages of rulemaking in administrative cases exercised by the economic panel of the RF Supreme Court are also outlined. After analyzing the problem of pre-trial compensation for damages caused by illegal actions of administrative bodies, a number of statutory innovations for establishing pretrial damages and tightening the procedures and measures of such liability for administrative entities are suggested. It is advisable to establish a special centralized administrative body for out-of-court settlement of administrative cases within Russia's executive system. This would ensure the effectiveness of the institution for handling a general administrative complaint and provide administrative protection of citizens' rights Such a body would be able both to depoliticize and de-bureaucratize administrative authorities, and it would reduce caseloads and relieve the courts of the punitive function of prosecuting small administrative claims, a duty that is not typical for the judiciary.

Keywords: Administrative reform; administrative justice; administrative proceedings; administrative procedure; administrative jurisdiction; administrative process; administrative cases; the Code of Administrative Judicial Procedure of the Russian Federation; indemnification.