Herald of Civil Procedure

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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.


Abushenko D.B. Replacing an Inappropriate Administrative Respondent: Debatable
Issues. Law, 2016, no. 7. (In Russian)
Balashov A.N. The Active Role of the Court in the Implementation of the Tasks of
Administrative Proceedings. Administrator of the Court, 2017, no. 2. (In Russian)
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)
Chistyakova O.P. The Problem of Court Activity in Civil Procedure of the Russian
Federation: Synopsis of a Thesis for a Candidate Degree in Law Sciences. Moscow,
1997. (In Russian)
Fokina M.A. Evidence in Administrative Proceedings: Problems of the Effectiveness
of Legal Regulation. Modern Law, 2017, no. 3. (In Russian)
Gurvich M.A. (ed.). Soviet Civil Procedure: Textbook. Moscow: Vysshaya shkola, 1975.
(In Russian)
Pavlova M.S. The Concept of Effective Justice in the Norms of the Code of Administrative
Procedure of the Russian Federation. Russian Judge, 2017, no. 8. (In Russian)
Procedural Law: Encyclopedic Dictionary. Moscow: NORMA, 2003. (In Russian)
Semenov V.M. The Concept and System of Principles of Soviet Civil Procedural Law.
In Yarkov V.V. (ed.). Brief Anthology of the Ural Procedural Thought: 55 Years of the
Department of Civil Procedure of the Ural State Law Academy. Yekaterinburg: Publishing
House of the Humanitarian University, 2004. (In Russian)
Sherstyuk V.M. Paired Categories in Civil Procedural Law (on the Example of Principles
of Branches of Law). Herald of Civil Procedure, 2017, no. 5. (In Russian)
Yarkov V.V. Principles of Administrative Proceedings: General and Special. Law,
2016, no. 7. (In Russian)
Zelentsov A.B., Yastrebov O.A. Judicial Administrative Law: Textbook. Moscow:
Statut, 2017. (In Russian)

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:

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.

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