The concept, principles, goals and objectives of administrative proceedings

Within the framework of the existing system of law and order, the tasks of administrative proceedings are solved not only in instances of general jurisdiction, but also in arbitration bodies. They are aimed at considering complaints from individuals and legal entities regarding the actions of state authorities, as well as resolving conflict situations between governing structures and the population.

Recent Innovations

Only in 2015 did the Code of Administrative Procedure appear. The subject of regulation of the task before this was not clearly defined and supported by regulatory legal acts, therefore, in the process of the proceedings, various disputes arose among lawyers. The creation of a new code of laws made it possible to facilitate the work of specialists. The Code is a systematized act that regulates the conduct of administrative cases.

Tasks to be Solved

The article of CAS RF reflects the goals and objectives of administrative proceedings. They are consistent with the Constitution of the Russian Federation, which establishes the main guidelines of justice.

Four tasks come first.

1. Ensuring accessibility of justice in the field of administrative and public relations between entities.
2. Implementation of protection of disputed or already violated legitimate interests and freedoms of individuals and legal entities.
3. Timely review of proceedings directly in compliance with legal norms.
4. Prevention of violations in the field of public relations and strengthening the rule of law.

The most important way to implement the tasks of administrative proceedings relating to the protection of the rights and freedoms of citizens and legal entities is a reasoned and balanced decision directly on the case under consideration.

The main stages of the process

The solution to the problems of administrative proceedings is achieved through a well-organized process, which consists of several stages (independent parts of procedural actions).

1. Initiation of a case in the presence of an administrative offense has certain specifics. The initiative may come from an authorized body or an ordinary citizen. If necessary, an administrative investigation is conducted, during which the usual procedural actions are implemented, such as collecting and providing evidence.
2. The main stage is considered directly consideration of the case. It is at this stage that the main features of the administrative procedure begin to appear. Offense cases are usually dealt with in the presence of the accused. After the proceedings, the official shall issue an administrative punishment order or acquittal.
3. The decision made may be challenged by the person who was brought to justice or by the executive authority. You can appeal the verdict to the prosecutor. When contesting a sentence, the execution of the decision is suspended. The complaint must be filed within ten days. It is allotted the same time.

There are some difficulties that do not allow to successfully solve the tasks of administrative proceedings, the concepts and principles of which are reduced to the settlement of conflict situations between government and citizens. The problem of forming members of administrative justice does not cease to be relevant.From a practical point of view, all the difficulties associated with an independent court with participation in management disputes have not been completely resolved.

Basic principles

The main objectives and principles of administrative proceedings are aimed at protecting citizens from illegal actions by higher authorities and administrative structures. The fundamental ideas are as follows.

1. The process should take place within the framework of legality. This cannot be done without a clear definition of legal norms.
2. When considering the case, there should not be any condescension and preferences based on nationality, religion, or other criteria. Before the law, everyone is equal.
3. The decision must be made taking into account all circumstances. The presence of adversarial parties is an important factor.
4. Each of the parties should be able to freely attend all stages of the process.
5. Administrative proceedings should be made public. Citizens should be given the opportunity to receive information in full if this does not affect state secrets.
6. Participants who do not speak the language must be provided with translators.
7. Administrative cases should be considered as soon as possible, which are determined by law.
8. Officials who violate the execution of the process are required to bear responsibility for the violation.

Process common features

The above listed tasks of administrative proceedings, which allow you to effectively regulate activities. However, it is necessary to understand what features are inherent in the administrative process.

1. The results of the proceedings at different stages are recorded in official documents.
2. The administrative-procedural rules that form an independent institution are clearly spelled out.
3. The purpose of the process is to achieve specific legal results, as well as resolve cases of a managerial nature.
4. The conditions for the implementation of material standards are fully provided.
5. There is a certain structure.

Reasonable time for legal proceedings

Administrative proceedings and enforcement of judgments are executed within a reasonable time. When determining it, the existing circumstances are taken into account, since cases may differ at different levels of legal complexity. Dates are established by CAS RF points.

Circumstances repenting of the organization of the work of the judicial authority cannot be the basis for exceeding the established norms. In those situations where, after the adoption of the administrative claim, the case is not considered for a long time, the chairman of the court may give a reasoned determination to expedite the review process. It indicates recommendations that allow for speeding up the proceedings, and also reflects the deadlines, no later than which a trial should be held.

In conclusion

The article examined in detail the tasks of administrative proceedings, the concept of which is the competent resolution of conflict situations between management structures and ordinary citizens or legal entities. They are simple to understand, but difficult to implement in practice, and therefore require a balanced approach with direct implementation.