The Powers of the Court of First Instance for the Reconciliation of the Parties in the Administrative Procedure of the Russian Federation

DOI

10.2991/assehr.k.201205.030How to use a DOI?

Keywords

administrative proceedings, first instance court, judicial conciliation, mediation, conversation, settlement agreement

Abstract

The article is devoted to the study of the varieties of the powers of the court of first instance to reconcile the parties in the administrative proceedings of the Russian Federation in order to clarify the list of cases in administrative proceedings and the conditions under which the possibility of carrying out conciliation procedures in administrative proceedings is allowed. The work studies the complex of issues of the procedural and legal status of the court of first instance in the implementation of conciliation procedures in cases from administrative and other public legal relations, forms and limits of the implementation of the procedural powers of the court of first instance, registration of the results of the activity of the court of first instance in judicial acts, the conditions for their adoption and approval by the court of first instance in order to unify the legal regulation of the implementation of conciliation procedures by the court of first instance to resolve legal disputes arising from administrative and other public legal relations between citizens and organizations against unlawful decisions of public authorities, unification of the conceptual apparatus in legislation, science and law enforcement practice, the need to make some changes to the list powers of the court of first instance in the implementation of conciliation procedures in cases of administrative proceedings. Based on the analysis of the theory, current legislation and judicial practice, it is concluded that the principle of court activity with limited adversariality in comparison with civil proceedings in the implementation of conciliation procedures in administrative proceedings, clarifications are made in the list of cases in which the possibility of exercising the powers of the court to reconcile the parties is excluded in administrative proceedings, as well as a list of cases in which it is possible to exercise the powers of the court of first instance to reconcile the parties, the criteria for classifying the powers of the court of first instance in the implementation of conciliation procedures in administrative proceedings are determined.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Evgeny N. Kulyushin
PY  - 2020
DA  - 2020/12/07
TI  - The Powers of the Court of First Instance for the Reconciliation of the Parties in the Administrative Procedure of the Russian Federation
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 168
EP  - 174
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.030
DO  - 10.2991/assehr.k.201205.030
ID  - Kulyushin2020
ER  -