Open AccessThe Subject of Judicial Protection in Administrative Proceedings
Author(s) -
Rim O. Opalev
Publication year - 2021
Publication title -
arbitražnyj i graždanskij process
Language(s) - English
Resource type - Journals
ISSN - 1812-383X
DOI - 10.18572/1812-383x-2021-4-18-22
Subject(s) - russian federation , subject (documents) , doctrine , political science , law , judicial review , civil procedure , administrative law , code (set theory) , period (music) , law and economics , sociology , computer science , philosophy , set (abstract data type) , regional science , library science , programming language , aesthetics
The article contains an analysis of topical issues of distinction between subject matters of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Judicial Procedure of the Russian Federation. The author criticizes provisions of the theory and modern judicial practice, makes conclusions about the current situation and prospects for the development of doctrine, judicial practice on the indicated problem by relying on comparative legal and historical researches. In particular, the article provides arguments in favor of changing the approach to the distinction between civil and administrative cases that developed in the Soviet period, and points out the absence of grounds for applying this approach at the present time.