Differentiation of the Procedural Form in Administrative Legal Proceedings: Theoretical Aspects

Abstract

The Russian judicial administrative procedural law has in a relatively short period of time been replenished with a number of special institutes devoted to independent types of proceedings for considering administrative cases or transforming existing types of proceedings according to new requirements adding features to the consideration of administrative cases. The goal of this study is to gain a theoretical understanding of the processes of differentiation of the procedural form in administrative proceedings and their assessment from the standpoint of their compliance with the goals and objectives of legal proceedings. The conclusion based on an analysis of the current legislation on administrative proceedings is that the differentiation of the procedural form does not always meet the specified goals and objectives, and therefore, as a result of the study, the author points out that the model of differentiation of the procedural form in administrative proceedings should be built depending on the protected substantive rights, the nature of material legal relations and with the orientation towards the optimization of legal institutions.