THE LEGISLATIVE IMPLEMENTATION OF THE PRINCIPLES OF MODERN ADMINISTRATIVE PROCEEDINGS

Abstract

This article analyzes the principles of the administrative proceedings that have received
the legal consolidation of the Code of Administrative Procedure. Authors are encouraged
to provide multi-level principles of administrative proceedings and their classification.
The first group consists of general legal principles to be applied on the basis of the
general laws of all legal effects, as well as the fundamental provisions of the Constitution of
the Russian Federation. The second group includes cross-sectoral (obscheprotsessualnye)
principles common for other types of proceedings. The third group includes specific guidelines
to define the specific nature of the administrative proceedings and due to the nature
and characteristics of administrative affairs.
In the article the content of the basic principles of administrative proceedings: judicial
independence; equality of all before the law; law and justice in the consideration and resolution
of administrative cases; of the administrative proceedings within a reasonable time
and the execution of court decisions in administrative cases within a reasonable time; transparency
and openness of the trial; the immediacy of the proceedings; adversarial and equal
administrative proceedings with the active role of the court. This reflected the specifics of
the application of general legal principles and inter it in the administrative proceedings.
As a result, it concluded that the list of principles of administrative justice as enshrined
in the Code of Administrative Procedure, was not reflected a number of important and special
obscheprotsessualnyh principles proposed and discussed in the scientific literature.