Administrative procedures of protective direction
This article discusses the notion of administrative procedures under modern conditions, their types and features of administrative procedures of protective direction. The author analyzes their system with reference to the formation of a new paradigm of administrative procedural litigation, determines its place in administrative procedural law. When writing this article, the author examines the mechanism of administrative procedural mediation of regulatory relations, specifies the place of administrative-procedural litigation in the system of other procedural regulators, explains the necessity to adopt Federal Law "On Administrative Proceeding", determines other criteria for classifying administrative proceedings elements, analyzes administrative procedures in the context of implementation of the protective function of administrative law. The author uses methods of system analysis, dialectical, logical, comparative methods, method of analysis and synthesis, method of induction and deduction. The author gets the following results of the research. 1. Administrative proceeding demand a relevant, single regulatory mediation - adoption of Federal Law "On Administrative Proceeding". 2. Applying functions and aims set before the state in the context of corresponding administrative procedures, satisfying public and personal interests seem a more productive and reasonable approach that helps to identify protective- restrictive (license-permissive, monitoring-supervisory) and providing procedures its types. 3. A range of administrative procedures of "positive" content are characterized by a prominent protective directionality; they contribute to the implementation of the protective function of administrative law, being a kind of an injunctive measure. 4. Monitoring-supervisory proceeding aims to prevent, expose and control offences, which emphasizes its protective interpretation. 5. Expert certifying administrative procedures show the protective direction of administrative procedures, providing the protection of environment. 6. A modern reinterpretation of the administrative proceeding structure and its correlation with administrative procedural litigation in the context of the formation of administrative procedural law is required.
Keywords
административные процедуры, административное процедурное производство, виды административных процедур, административное процессуальное право, administrative procedures, administrative procedural proceeding, types of administrative procedures, administrative procedural lawAuthors
| Name | Organization | |
| Vedyashkin Sergey V. | Tomsk State University | served@rambler.ru |
References
Administrative procedures of protective direction | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2017. № 422. DOI: 10.17223/15617793/422/29