PRE-TRIAL APPEAL OF ACTIONS (INACTION) OR DECISIONS OF ADMINISTRATIVE BODIES: THE EXPERIENCE OF RUSSIA AND FRANCE

Abstract

The topicality of the research subject is conditioned by the current stage of the development of administrative law which must meet the society's needs for making the interaction of private entities with public administration more democraticand for digitalizing administrative procedures. Indeed, it seems impossible to maintain the paradigm of relations between an administrative body and a private actor solely on the basis of power and subordination. At the same time, it is important to correlate the development of Russian theory and practice with the positive experience of other states that have rich administrative and legal traditions and that operate within a multi-level legal system including supranational and international levels. Among these states a special place is occupied by France. France has a wealth of experience in the sphere of administrative law and procedure as well as in the area of European integration: it was one of the first six states of the newly united Europe. The EU States’ integration experience in this area is of interest to Russia, which, as it can be assumed, will be similarly influenced by the law of the Eurasian Economic Union. In France, along with European integration, a process of reforms in the sphere of administrative relations was under go at the state level. In Russia, a similar means of perfecting and improving the relationship between individuals and administrative bodies was an administrative reform, whose active phase, at the very beginning of the XXI century, included the institution of pre-trial appeal of actions (inaction) or decisions of administrative bodies as one of the priority reform areas. At the same time, it should be pointed out that, in Russia, the exercise of the right to judicial protection is still significantly hindered by the lack of a unified legal mechanism for its implementation in modern federal legislation. The Russian legal reality brings about the conclusion that a large number of problems that arise in practice cannot be solved without theoretical developments or borrowings of suitable foreign concepts, especially when the legislator "keeps silent" on numerous significant issues. Perhaps the Supreme Court of the Russian Federation will assume the same role as the highest judicial instances in France and, through its practice, the Russian supreme judicial body will consistently work on determining the basis of administrative law and its individual institutions.