UDK 34 Право. Юридические науки
The questions concerning need of unification at the legislative level of civil, arbitration and administrative process, definition of community of civil and administrative processes and also problems of change of the procedural legislation in the conditions of reforming of judicial system are analyzed.The set of the procedural precepts of law governing the public relations connected with order of hearing of cases in courts and arbitration courts as civil and administrative process acts as an object of research.Research objective is the complex analysis of the modern Russian procedural legislation with justification of a possibility of association of administrative, civil and arbitration process in uniform civil process.Achievement of a goal was provided with the solution of the following tasks: analysis of standards of the administrative procedural, arbitration procedural and civil procedural legislation; identification of community of institutes of the civil procedural legislation; justification of a possibility of inclusion of the norms governing the procedural relations on the Code of administrative legal proceedings of the Russian Federation (KAS Russian Federation) in civil process.Theoretical and practical justification of a possibility of merging of three procedural branches in uniform, constructed on civil type is given. The concrete scientifically reasoned suggestions for improvement of the procedural legislation are given.The idea which is originally stated in the Concept of the uniform code of civil procedure, based on association of three sudoproizvodstvo is stated and analysed: civil, administrative and arbitration.It is pointed out difficulties of legal definition of the concept "administrative case" which is considered by rules of the Code of administrative legal proceedings of the Russian Federation, as which practical judicial authorities understand the affairs arising from the legal relationship which aren’t based on equality, autonomy of will and property independence of their participants within which one of participants of legal relationship realizes administrative and other public powers of authority on execution and application of laws and bylaws in relation to other participant. As a result the conclusion is drawn that administrative legal proceedings - civil process.
administrative process, arbitration process, civil process, administrative legal proceedings
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