Implicit administrative acts. Part two

Abstract

Based on the comparative legal method, the article analyzes the use of the construction of implicit (fictitious) decisions in Russian and several European legal orders, when the inaction of the public administration is equated with the adoption of an administrative act. The analysis of legislation and judicial practice in the second part of article leads to the conclusion about the active use of the principle of “silence is a sign of consent” in regulating the activities of public administration in Russia. At the same time, the negative model of implicit administrative acts (silent refusal) has not been developed in the Russian legal system. However, the doctrine of implicit administrative acts in Russia remains largely underdeveloped, which negatively affects the effectiveness of public administration and judicial protection of the rights of private parties. In the second part of article the author considers the development and current state of implicit (fictitious) decisions in Russia. The negative model of implicit administrative acts (tacit refusal) are not develop because Russian law allows judicial appeal directly against the inaction of public authorities. The analysis of legislation and judicial practice leads to the conclusion about the active use of the principle of “silence is a sign of consent” in Russian administrative law. This principle applies both in internal (within the public administration system) and in external relations between public authorities and private entities. However, the doctrine of implicit administrative acts in Russia remains largely underdeveloped, which negatively affects the effectiveness of public administration and judicial protection of the rights of private parties. This is clearly seen in the example of so-called belated decisions, when the state administration makes a negative decision after the law has established that a favorable administrative act has been issued. Russian courts do not recognize that such decisions annul previously adopted implicit administrative acts.