The Code of Administrative Procedure of the Russian Federation establishes the rules in accordance with which the procedure for the settlement of disputes arising from public legal relations is carried out. These processes are associated with the monitoring of the legality and validity of the implementation of state or other public powers.
Court in administrative proceedings
Authorized instances consider and resolve disputes on the protection of legitimate interests, freedoms and rights of citizens and organizations. The legislation defines the following administrative proceedings:
1. On the full or partial appeal of normative acts.
2. On the protection of the right to participate in elections and referenda of citizens.
3. On contesting inaction / actions, decisions:
- government bodies, other government agencies, military administration units, local government institutions, municipal and civil servants, officials;
- qualification judicial boards;
- non-profit organizations with separate state and other public powers, self-regulatory organizations including;
- Higher and regional examination commissions for taking qualification examinations for judges.
4. On the award of compensation for the violated right to legal proceedings within a reasonable time for disputes considered by the instances of general jurisdiction, or the right to execute a judicial act within a reasonable time.
Other questions
The Code of Administrative Procedure of the Russian Federation defines an additional range of jurisdictional disputes to be considered and resolved in instances. They are associated with the implementation of mandatory control over the observance of freedoms and human and civil rights, as well as organizations upon presentation of certain power requirements for individuals and legal entities. The Code of Administrative Procedure of the Russian Federation, among others, includes disputes:
- On the liquidation or suspension of the activities of a political party, its regional branch or other structural unit, other public association, religious organization, the prohibition of the work of companies that do not have the status of legal entities, and the exclusion of information about them from the state register.
- About the cessation of the existence of the media.
- On the collection of funds against deductions of sanctions and mandatory payments established by law.
- On the placement of stateless persons or aliens subject to transfer to or deportation to another state in accordance with an international readmission agreement, accepted foreigners and stateless persons transferred by another country according to the same agreement, but not having to stay on the territory of the Russian Federation legal grounds, in a special institution, to extend the time spent in it.
- On the hospitalization of a person in a medical institution that provides psychiatric care in a hospital, in a forced manner, increasing the length of stay in it or psychiatric examination.
- About early termination, continuation, establishment administrative supervision supplement or partial cancellation of restrictions established earlier by the supervised entity.
- On the hospitalization of a citizen forcibly to a medical anti-TB institution.
- Other cases concerning involuntary placement of persons in medical institutions of a non-psychiatric profile.
Exceptions
The provisions contained in the Code of Administrative Procedure of the Russian Federation do not apply to disputes relating to offenses, foreclosure on funds from the budgets of the financial system of the country. Conflicts arising from public relations and referred to the competence of the Constitutional Court, arbitration courts or which must be resolved in a different procedural order in the Supreme Court or in instances of general jurisdiction are not subject to consideration and resolution.
Administrative proceedings of the Russian Federation
The procedure for its implementation is determined in accordance with:
- Constitution.
- FKZ No. 1 from Dec 31 1996 year
- FKZ No. 1 of June 23, 1999
- FKZ No. 1 of February 7, 2011 and other regulatory acts, including the Code of Administrative Procedure.
If the legal documents of an international level establish rules that are different from the provisions of the above laws, the provisions of international agreements shall apply. The general rules in accordance with which administrative proceedings of the Russian Federation are carried out in the first, appeal, cassation (supervisory) instances are applied to all categories of disputes. In this case, the procedural features of the consideration and resolution of their individual types established in the legislation are taken into account. In the absence of a norm in accordance with which relations arising in the course of the proceedings are regulated, the court shall apply the provision governing a similar case. If it is also absent, when considering and resolving a dispute, the authorized body is guided by general procedural principles. Administrative legal proceedings should be carried out in accordance with those rules that are in force at the time of the hearing of a specific dispute, the commission of a certain action.
Tasks
Administrative proceedings provide:
- Accessibility of the procedure for the consideration and resolution of disputes arising from public relations.
- Protection of disputed or violated rights, legitimate interests and freedoms of organizations and citizens.
- Timely and correct handling of administrative disputes.
- Strengthening rule of law and the prevention of public relations irregularities.
The right to appeal to the court
Each interested person has a statutory opportunity to protect their interests and freedoms. The subject can also contact the authorized authority if, in his opinion, obstacles are created for him to exercise his rights, if any obligation is unlawfully assigned to him. He also has the opportunity to initiate administrative proceedings in the interests of other persons in the circumstances provided by law. Compulsion to waive this right is unacceptable. In some cases, legislation establishes a binding procedure pre-trial settlement of the dispute. In such situations, an appeal to an authorized authority is allowed only after compliance with special rules.
Foreigners and stateless persons, foreign and international organizations
These entities also have the right to apply to the court for the protection of violated or disputed interests and freedoms in the field of administrative and other public legal relations, which are based on power subordination. Foreigners can use procedural opportunities and perform the corresponding duties on an equal basis with citizens, except as otherwise expressly provided by law. The government may establish reciprocal restrictions in relation to foreign persons of those states in whose instances they are allowed in relation to Russian organizations and citizens.
Application
Administrative proceedings begin with the presentation of the relevant claim. An application to a state authority, another state or local structure, a referendum commission or an election commission, another organization that has separate power or other public powers is sent to the authority at their location. Requirements for an official, except for those presented to employees of the FSSP, municipal or civil servants, shall be submitted to the address of the location of the institution in which these entities fulfill the duties assigned to them. The statement of claim on the administrative dispute regarding the appeal of inaction / actions, as well as decisions made by the bailiff, is sent to the authorized body of the district, within whose territory the specified employee carries out his professional activities.
Important point
If the location of the state power institution, another municipal or state structure, as well as the organization possessing power and other public powers, does not coincide with the territory to which their powers extend or within which they fulfill their duties, then the request shall be sent to the authority that is located within the boundaries of the district, which covers the competence of these institutions. An application in this case may also be sent to a court located at the address in the district where the official, municipal or state employee whose decision, inaction or action is disputed, carries out his professional activities. The statement of claim to the organization or citizen, who in the resulting public legal relations are entities that do not have the power or other powers established by law, is sent to the authority at the place of residence of the individual respondent or the location of the organization to which claims are made, unless otherwise expressly provided for by the rules the rights.
Conclusion
The administrative procedure, therefore, has a number of features. The legislation establishes a list of disputes that are subject to consideration and resolution in accordance with the relevant rules. When compiling a statement, the requirements of the procedural law must be observed. The request must necessarily contain the name of the court to which the claim is sent, full information about the plaintiff and defendant.