Understanding the nature of the administrative claim through the prism of Mark Gurvich's scientific views

The problem addressed in this article lies in the formation of a doctrinal foundation for understanding the nature of the administrative claim as a means of protecting rights in the sphere of public-law relations. The understanding of the formation of a claim and the right to a claim within civil procedure, as developed by the renowned procedural scholar Mark Gurvich, provides a basis for constructing a logical doctrinal position regarding the mechanism of the emergence and development of the administrative claim. Of particular interest are not so much his views on the nature of the claim itself, but rather the totality of his scientific views on the formation of a claim through its transformation from a substantive right of claim within regulatory legal relations into the very construct of a claim in procedural law. The author adopts Gurvich's position as a foundation, which holds that from a substantive legal perspective, the formation of a claim involves a "three-stage" development of the legal relation (or of a right within a legal relation). Subsequently, the author conducts a sequential analysis of the transformation of the public legal relation and its specific features at each of the three stages. Within the analysis of the first stage, it is established that public relations, in the process of forming the right to an administrative claim, undergo several states: from general to specific. Furthermore, these relations are of an active type, i.e., they are formed on the basis of obligating norms, and the center of the legal relation lies in the legal duty. It is also concluded that at the stage of a general legal relation, its content consists of the legitimate interest of a private entity and the legal duty of a public entity outside the framework of a specific legal relation. When the relation acquires a specific character, the legitimate interest transforms into a subjective public right. Within the analysis of the second stage, it is concluded that a claim in the state of the right to an administrative claim in its substantive legal aspect does not exist. Instead, there exists a demand for the performance of a legal duty as a subjective public right within specific relations, along with the possibility of applying extrajudicial methods of protection to it. As a result of analyzing the third stage, the author establishes that the right to an administrative claim, both in its substantive and procedural senses - unlike the civil claim - are similar in their legal nature in that both are, in the true sense of the word, demands made upon the state. The construct of the right to an administrative claim can be considered in both enforcement-oriented (pravoprimenitel'nyi) and procedural senses. However, the specific features of the transformation of the right to an administrative claim directly influence the future construct of the administrative claim itself, to which the content of the elements of a civil claim cannot be applied by analogy. The author declares no conflicts of interests.

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