ORIGIN AND FORMATION OF THE IDEA OF ADMINISTRATIVE JUSTICE. HISTORICAL ASPECT

  • V.V. Antonov
    • Udmurt State University
  • N.G. Yakusheva
    • Udmurt State University
Keywords: constitutional system, rule of law, arbitrary power, anti-corruption, executive power, administrative justice, administrative courts, constitution, justice, public administration, Code of Administrative Procedure of the Russian Federation

Abstract

The reform of all branches of government in the Russian Federation is caused by the need to implement the idea of building a rule-of-law state and increase the effectiveness of the fight against corruption and arbitrariness of all branches of government. Improving the mechanism of functioning of the executive power both at the federal and regional levels, increasing the responsibility of officials for the decisions taken should have a legal basis. The article considers the historical aspect of the emergence and formation of the concept of “administrative justice”, “administrative courts”, “administrative proceedings”. The problem has a long history: starting with the emergence of the idea itself in France and Germany, continued by research in the field of administrative and legal science in Russia. The views of scientists on the problems of the formation and functioning of administrative justice in the Russian Federation at different historical stages of the development of society and depending on the political and state structure are given. The necessity of improving legislation in the light of the decisions taken related to the establishment of administrative justice in the Russian Federation, the adoption of the Code of Administrative Procedure of the Russian Federation is emphasized. The dynamics of the processes taking place in Russia related to the formation of administrative justice is investigated. The role of administrative justice and its influence on management processes in the state are considered. The authors noted the importance of administrative justice in the process of solving the problem of combating corruption by the state and society in all spheres of life of society and the state.

References

Received 2021-09-12
Published 2021-12-03
Section
Jurisprudence
Pages
1041-1046