The Category of «Effectiveness of Court Actions» in Russian Legislation on Administrative Proceedings

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Abstract

The purpose of the study is to determine the theoretical features of the term «effectiveness of court actions» within the framework of administrative proceedings. The authors also sought to correlate these theories with the legislative norms in force in the Russian Federation. The main methodological approaches traditionally applied in the analysis of procedural and legal categories were used in the study. The discursive method has acquired fundamental significance, allowing to correlate different conceptual perceptions of the category of «efficiency» in modern legal science. The authors also relied on the systemic and formal-logical methods, which contributed to the analysis of legislative provisions in the field of administrative proceedings and law enforcement positions. Conclusion. This article summarizes the theoretical provisions on the problem of establishing the content of the effectiveness of judicial actions. All of them are not in harmony with the current Russian legislation in the field of administrative proceedings. The distinction between the general and special understanding of effectiveness is inappropriate, since this is caused by the specificity of administrative and procedural rules and the purpose of the normative categories analyzed in this article. But the rules on the effectiveness of judicial actions presuppose a possible expansion of the terminological meaning in the plane of the principles of administrative proceedings and procedural-legal abstractions. All of them allow delegating to the courts the authority to interpret the legislation and the factual circumstances of the case.

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About the authors

Svetlana V. Gizyatova

Naberezhnye Chelny Institute of the Kazan (Volga Region) Federal University

Author for correspondence.
Email: dmdr1987@mail.ru
SPIN-code: 1128-9226

Cand. Sci. (Law), Associate Professor of the Department of Constitutional, Administrative and International Law

Russian Federation, Naberezhnye Chelny

Anatoly V. Kurochkin

Naberezhnye Chelny Institute of the Kazan (Volga Region) Federal University

Email: Kurochkin.tolik@bk.ru
SPIN-code: 1017-7618

Cand. Sci. (Law), Associate Professor, Dr. Sci. (Politics), Professor of the Department of Constitutional, Administrative and International Law

Russian Federation, Naberezhnye Chelny

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