Year: 2024
Type: article
Abstract: The subject of the article are modern principles of administrative-procedural law, implemented in the Russian legislation. The purpose of the article is to develop theoretical provisions aimed at forming a holistic view of the system of principles of Russian administrative-procedural law, identifying various manifestations of their implementation and interaction, improving the practice of application. The content of: 1) the principle of due process, which presupposes that the public administration respects the established forms of each stage and each stage of the proceedings; 2) the principle of promptness and procedural economy, which enshrines the ideal combination of promptness and respect for the law and its essential formalities; 3) the principle of not formalism, which means the obligation of the public administration to remove unnecessary obstacles to the development of the administrative procedure so that it is carried out promptly; 4) the principle of materiality, which means that the public administration must comply with the established forms of each stage and each stage of the proceedings; (5) the principle of “in dubio pro actione”, according to which the public administration must ensure the continuation of the administrative process, going beyond formal difficulties; (6) the principle of discretion, which implies the discretion granted by law to the public administration or the court in choosing options for administrative actions or decisions; (7) the principle of “non reformation in peius”, preventing the worsening of the situation of the complainant.
Source: Baikal Research Journal
Authors: Oleg Beketov, Vadim Surgutskov
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411394559