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ON THE PRINCIPLE OF COURT ACTIVITY IN ADMINISTRATIVE PROCEEDINGS

ON THE PRINCIPLE OF COURT ACTIVITY
IN ADMINISTRATIVE PROCEEDINGS

N.A. GROMOSHINA,
Doctor of Legal Sciences,
Professor of the Department of Civil and Administrative Proceedings
of the Kutafin Moscow State Law University (MSAL)

DOI: 10.24031/2226-0781-2019-9-4-96-112

The article critically assesses the point of view about the existence of an independent
principle of court activity in administrative proceedings, which is widespread in modern
legal literature. Turning to the origins of the position on the independence of this principle in
the doctrine of civil procedural law, the author uses the subsequent criticism of this position
as an argument in the discussion about the existence of the principle of activity of the court
in administrative proceedings. In the subsequent statement similar regulations of the Code of
Administrative Proceedings of the Russian Federation, Civil Procedure Code of the Russian
Federation and Arbitration Procedure Code of the Russian Federation from among those
in which the legislator fixed active powers of court are compared. The conclusion is made
about the essential unity of the analyzed norms with some of their substantive difference.
The article concludes with considerations and arguments in favor of the existence of the
principles of dispositivity and objective truth in administrative proceedings.

Keywords: principles of administrative proceedings; active role of the court in the process;
dispositivity; competitiveness; objective truth.

References

Abushenko D.B. Replacing an Inappropriate Administrative Respondent: Debatable
Issues. Law, 2016, no. 7. (In Russian)
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Bonner A.T. The Ratio of Initiative and Activity of the Parties and the Court in Civil
Proceedings / Bonner A.T. Selected Works. In 7 vol. Vol. 3: Principles of Civil Procedural
Law. Application of Normative Acts in Civil Procedure. Moscow: Prospekt, 2017.
(In Russian)
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of Branches of Law). Herald of Civil Procedure, 2017, no. 5. (In Russian)
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Information about the author

Gromoshina N.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the
Department of Civil and Administrative Proceedings of the Kutafin Moscow State
Law University (MSAL) (9 Sadovaya-Kudrinskaya St., Moscow, 123995, Russia; e-mail:
nataligrom@rambler.ru).

Recommended citation

Gromoshina N.A. On the Principle of Court Activity in Administrative Proceedings.
Herald of Civil Procedure, 2019, vol. 9, no. 4, p. 96–112. (In Russian). https://doi.
org/10.24031/2226-0781-2019-9-4-96-112

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N.A. GROMOSHINA