WHAT DOES ADMINISTRATIVE PROCEDURAL LAW STUDY?

Year: 
2023

Article:

Issue: 
2

UDC: 
342
DOI: 
10.34076/22196838_2023_2_55
Author(s): 

Osintsev Dmitry

Professor, Ural Law Institute of the Ministry of Internal Affairs of Russia (Yekaterinburg), doctor of legal sciences, ORCID: 0000-0001-8484-0055, e-mail: dimios@mail.ru.

Author(s): 
Osintsev Dmitry
Abstract: 

The discussion of the content and conceptual analysis of administrative procedural relations at the next round of polemical statements and rebuttals in public law science have moved from the position of substantiation and criticism of one or another position to calls for the end of endless debate and the achievement of a convention on the basic concepts and building the architecture of the dogmas of the procedural activities of public administration. Hypertrophy of the meaning of content and expansion of area of application of administrative procedural relations, attempts to build a scientific theory about the algorithms for organizing administrative practice, oddly enough, led not only to the derivation and justification of postulates and axioms, naturally indicating the possibility of studying the administrative process as an object of scientific analysis, but vice versa more and more contributed to the differences in the positions of researchers. There were several reasons for this. Firstly, the administrative process is an artificially created algorithm in various areas of work of public instances, which does not have its own object, but is built from time to time depending on situational approaches, opportunities and challenges that administrative departments face. Secondly, the attention of researchers was shifted from the essential points regarding the optimal delivery of commands by government representatives to secondary organizational and technical aspects of self-sufficiency in the performance of certain functions (administrative procedures). Thirdly, excessive enthusiasm for issues of administrative legal proceedings caused the appearance of a number of publications justifying its effectiveness than the real desire of interested parties to go to court to challenge the actions (inaction) and decisions coming from he public administration, the effectiveness of which, to a large extent, is confirmed by statistical indicators.

Key words: 

administrative process, administrative procedures, administrative proceedings, administrative legal proceedings, effectiveness of administrative acts

For citation: 

Osintsev D. (2023) What does administrative procedural law study? In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 2, pp. 55–71, DOI: http://doi.org/10.340 76/22196838_2023_2_55.

Text of the article: 

Publication date: 
Sunday, 01.10.2023

English