Judicial Procedural Logic in the Contestation of Administrative Acts
Doctor of Legal Sciences, Associate Professor of the Department of
Theory and Practice of Management of the Ural State Law University
In the article the series of contentious issues referring to revision of administrative acts (decisions, documents) by the courts is examined. It is proposed to introduce a mandatory pre-trial procedure for considering these types of cases, because it is widespread practice to go to the court in order to revaluation of the facts that reliably established by administrative authorities, and occurred deviations from departmental regulations of proceedings on these cases often do not influence on the legality of administrative acts. Particular attention is drawn to the contestation of administrative acts made using expert assessments, because the parties’ positions are often reduced to the evaluation of professional competence of experts rather than to the verification the legality of the decision; and the court, canceling the decision of the administrative authority, creates a situation of legal open-ended, requiring re-issuance of the administrative act on the same issue. Keywords: administrative acts; administrative legal proceedings; subject of legal evidence; expertise in the legal process.
Information about the author
Osintsev D.V. (Ekaterinburg) – Doctor of Legal Sciences, Associate Professor of the Department of Theory and Practice of Management of the Ural State Law University (620137, Ekaterinburg, Komsomolskaya st. 23, room 510; e-mail: email@example.com).