Administrative process as a kind of legal process: Modern problems of understanding and normative-legal regulation

Abstract

The article is devoted to the research of the phenomenon of the administrative process with the aim of developing its updated concept, which corresponds to the current state of the legal system of the Russian Federation, taking into account the recent growth in the scope and significance of the administrative procedural regulation of the activities of executive authorities, legislative consolidation as an independent procedural and legal institution of administrative proceedings and actualization of the scientific discussion on the nature and structure of the administrative process. In the article, the authors’ concepts of the legal and administrative process are formulated, the main features and structure of the administrative process are revealed, the essence and structure of administrative procedural law as a legal regulator of the specified activities are defined on the basis of a systematic analysis of the current administrative and procedural legislation of Russia, the approaches to understanding the legal enforcement, including the administrative process developed in the domestic and foreign legal science. The authors come to the conclusion that the legal process, as well as the administrative process, cannot be confined only to judicial activity, to legal proceedings, its scope should cover law enforcement activities of executive authorities and other public administration bodies in the resolution of legal matters within their jurisdiction. The administrative process is defined as an interrelated extrajudicial and judicial law enforcement activity in the resolution of administrative cases, which is carried out in procedural legal forms of administrative proceedings and regulated by a special branch of law-administrative procedural law.