On September 15, 2015, the Code of Administrative Judging (hereinafter referred to as CAS RF, Codex), regulating the rules for consideration of cases, which arise from public relations.

The practice of applying the new Code revealed many controversial issues requiring clarification and additions.

In this regard, on September 27, 2016, the Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 36 "On some issues of applying the courts of administrative proceedings of the Russian Federation" with the aim of giving clarification to the courts general jurisdiction (hereinafter referred to as the decision).

The ruling touched almost all sections of the CAS RF. The most significant explanations concern:

Communication issues of administrative affairs;

The possibilities of succession at all stages of administrative proceedings;

Rules for consideration of collective claims;

Needlessness of higher legal education for representatives who are the only authorities of the Organization, as well as legal representatives;

Expansion of the list of pre-protection measures, etc.

Condemiousness of cases depends on the implementation of administrative powers by government agencies

The Plenum of the Armed Forces of the Russian Federation introduced clarity to the distinction between private-protective (civil-law) and public legal (administrative) legal relations.

Article 1 of the CAC of the Russian Federation is dedicated to the subject legal regulation CAS RF with an open list of cases, which are considered by the rules of administrative proceedings. The article has long required refinement in connection with the inability to distinguish between private-level (civil-law) and public legal (administrative) legal relations, which led to difficulties in the process of its application.

In practice, there are quite often cases when the courts refuse to accept and consider the administrative statement on the basis that the case is subject to consideration in of claims.

For example, within the framework of the appeal definition of the Volgograd Regional Court of 11.08.2016 in case No. 33-11176 / 2016, the court supported the definition of Staripoltavsky district Court Volgograd region dated July 20, 2016 on refusal to accept administrative statement, since in this case the dispute follows from particularly legal relationship and cannot be considered in the order of production administrative deedsarising from public relations, according to the rules of ch. 22 CAS RF. According to the court, the dispute is subject to consideration in accordance with the procedure for claim (similar practice: the appeal definition of the Moscow City Court of 18.08.2016 in case No. 33A-31952/2016; the appellate definition of the Moscow City Court of 18.08.2016 in case No. 33A-16556/2016 etc.).

At the same time, a mirror opposite practice is found when the courts refuse to accept the claimant's statement according to the rules of claim due to the availability of public relations to be considered according to the rules of the CAS RF (for example, the case No. 33-11424 / 2016; the appellate definition of the Novosibirsk Regional Court of 12.07. 2016 in case number 33-7602 / 2016; the appellate definition of the Moscow City Court of 14.06.2016 in case No. 33-22846 / 2016).

Plenum tried to clarify the subject of legal regulation of the CAS RF. In particular, the decision establishes the criteria of cases that arise from administrative and other public relations, concluded by the courts of general jurisdiction, the Supreme Court, as well as cases that are not subject to consideration according to the rules of the CAS RF.

So, according to paragraph 3 of paragraph 1 of the decision in the CAC of the Russian Federation, cases arising from legal relations, which are not based on equality, autonomy of the will and property independence of its participants, while one of the participants in legal relations is implementing administrative and other public-authority authority and The use of laws and subtitle acts in relation to another participant.

However, this wording does not take into account the rule of Article 8 of the Civil Code of the Russian Federation, according to which civil rights and obligations may arise, among other things, from acts government agencies and organs local governments. Accordingly, such cases cannot be considered according to the rules of the CAS RF, and are subject to consideration in civil proceedings.

That is, ultimately, the appearance of legal proceedings is determined depending on the nature of the legal relations, which was not taken into account by the Plenum of the Armed Forces of the Russian Federation in its ruling.

As for the category of cases not subject to consideration in the CAC RF, then they include disputes on the invalid (illegal) acts of state bodies and local governments, if their execution led to the emergence, change or termination civil rights and duties (for example, service disputes, affairs related to the appointment and payment of pensions, the implementation of citizens social law, individual housing contracts).

The Plenum of the Russian Armed Forces clarified the wording of "other state bodies", whose decisions may be challenged according to the rules of the CAS RF (paragraph 2 of Part 2 of Article 1 of CAS RF). Among such organs, the Accounts Chamber of the Russian Federation, the CEC of Russia, as well as other election commissions are named. In addition, in order of administrative proceedings, the case of challenging the decisions, actions of non-profit organizations, endowed with individual state or public authority, and solutions self-regulatory organization (paragraph 2 of the Resolution).

The jurisdiction is determined at the place of execution of the duties of government agencies, and not at the place of its location

The jurisdiction is determined in accordance with the place of executive actions.

In determining the jurisdiction on disputes in the order of CAS RF legal value It has the definition of the territory on which the relevant authority performs its duties. state power, not the place of his location. If the powers of the relevant state authority are distributed to several districts, then the claim should be submitted to the court of that area in whose territory arose or may arise legal consequences challenging the plaintiff (inaction), or on the territory of which the disputed decision is executed (paragraph 8 of the decision).

Thus, the legislator found that in determining the jurisdiction of the stated requirements, legal importance is the place of execution.

Rules of a collective administrative claim similar to the rules of a collective claim on the APC RF APC

Much attention was paid to the decision of the Institute of Collective Administrative Claim, since the CAC of the Russian Federation left many unresolved issues related to the rules for the preparation and consideration of a collective administrative lawsuit, methods for the notification of potential members of the Group, the procedure for the interaction of members of the Group, including the Plaintiff. Finally, the authorities of the group members were not clearly established in the CAS of the Russian Federation for personal participation at the court hearing.

It should be noted that at the moment under Article 42 of the CAS of the Russian Federation, regulating the possibility of appealing to the court of a group of persons with a collective administrative statement, there is not a single court case.

Most likely, this situation is developing due to insufficient regulation of the CAS RF Institute of CAS. Plenum Sun has tried to clarify the rules for regulating the institution of collective administrative statement.

The CAS of the Russian Federation provides that a collective administrative statement of claim can be accepted by the court to consider only when at least 20 persons joined the claim, otherwise the statement of claim is left without movement. At the same time, the Plenum of the Armed Forces of the Russian Federation clarifies that the court is obliged to explain to the remaining participants on the legal opportunity to apply to the court with individual administrative lawsuits.

If the citizen who applied to the court with a claim similar to the collective requirement refuses to join a collective application, his claim is considered by the court after the decision on a collective claim. At the same time, the decision on an individual lawsuage is made taking into account the facts established in the process of consideration of the collective claim. Otherwise, the court must motivate the inconsistency of such a decision of the previously established facts (paragraph 17 of the Resolution).

According to part 4 of article 2 of CAS of the Russian Federation, part 3 of Article 225.6 APC RF Persons, in defense of which a collective administrative statement of claim has been submitted, the right to get acquainted with the materials of the administrative case, to make discharge and make copies from them. However, the Plenum of the Armed Forces of the Russian Federation reminds that such persons do not participate in the court sessions, so the court is not obliged to notify them about the time and place of the venue.

Legitimate representatives are not required to have higher legal education

The question of faces that may be representatives of the administrative case were resolved in the CAS of the Russian Federation not to the end. The legislator limited the circle of representatives of administrative affairs by lawyers and other persons having a higher legal education.

At the same time, it remained unclear about the legal representatives who most often do not have higher legal education, but it is entitled to act by representatives by virtue of the law. In addition, the legislator did not specify, about which level of higher education there is a question in Article 55 of the CAS of the Russian Federation - specialists, bachelories or magistrants of law.

Uncertainty in the level of higher education needed to implement the representation in administrative process, I left the judges of the Armed Forces of the Russian Federation.

The decision specifies the requirements imposed on legal representatives and representatives acting by force of attorney. To implement a representative office in court, legal representatives are not necessary to have a higher legal education, in contrast to representatives acting by proxy, and their powers may be limited to various legal acts (for example, by the law or charter of the Organization) (paragraph 2 of paragraph 19 of the Resolution).

The practice of applying CAS RF contains examples when the courts refuse to consider cases involving representatives who do not have higher legal education. In particular, the definition of the Moscow City Court of 05.10.2015 No. 4G / 4-9987 / 15 was left without considering the cassation appeal of the Department of Urban Property of Moscow. The court motivated his refusal to the absence of documents confirming the presence of a higher legal education in Moscow representative from the representative of the Department of Urban Property.

In addition, part 1 of article 55 CAS of the Russian Federation served as a reason for appealing to constitutional Court Russian Federation Citizen Sheremethova I. T. with a complaint against the violation of the article under consideration of his constitutional rights.

The Constitutional Court of the Russian Federation refused to accept the complaint with the Sheremethov citizen I. T., justifying that constitutional law The judicial protection does not imply a choice of any ways and procedures of judicial protection at its discretion, and the right to keep their business in court through an independently chosen representative does not mean an unconditional right to choose any person as such. The establishment of qualified legal aid criteria and the conditions for the admission of certain persons as defenders (representatives) in specific types of legal proceedings is the prerogative of the legislator. In addition, the Constitutional Court separately indicates the lack of obstacles to the plaintiff to independently implement its constitutional right to judicial protection through personal participation at the court hearing (definition of the CS of the Russian Federation of March 29, 2016 No. 680-O).

The burden of proving the absence of notice is assigned to the face that declares

Government bodies are notified through SMS messages, email letters.

It should be noted that lawyers have positively perceived the norms of the CAS RF, allowing the use of modern communications (SMS messages, e-mail) to notify and call participants in the process. At the same time, the questions remaining unresolved were reflected in the ruling.

The consent of the person who participates in the case to notice it by sending an SMS message, an email may be expressed or in a receipt or administrative lawsuage, written objections to the administrative statement of claim (paragraph 36 of the Resolution). The decision separately indicates the possibility of notice through the direction of SMS messages, electronic letters of state bodies, local governments and officials in the presence of their consent.

However, the use of SMS messages and emails to notice the participants in the process is accompanied by additional difficulties that have not reflected in the ruling. For example, it remains an open question, who should track the delivery of a message or an email to the direct addressee and what should be understood under proper notice. Obviously, it is not necessary to do without the help of cellular operators.

The burden of proving that the court notice or challenge was not delivered to the person involved in the case, in circumstances, independent of it, assigned to this person (p. 39 decisions).

None in any other procedural code has no analogue to this rule. On the contrary, in the existing procedural Codes (Code of Civil Procedure of the Russian Federation, APC RF) Persons participating in the case are obliged to prove the fact of delivering one or another notification or call.

From the point of view of the practice of applying an SMS message in order to notify persons participating in the case, it is interesting to see the case where the court canceled the court decision of the first instance and sent a case to a new consideration in connection with the improper notice of the administrative plaintiff on time and place court session. The position of the applicant was justified by the lack of consent of the plaintiff in the case of the case with the help of SMS messages. In addition, the court provides a report on sending a court message confirming the lack of information on the delivery of the message to the Subscriber (the appellate definition of the Sverdlovsk Regional Court of 15.06.2016 in case No. 33A-10447/2016).

Another example is the appeal definition of the court of Yamalo-Nenets autonomous District On 04.02.2016 in case No. 33A-222/2016, within the framework of which the court recognized as inappropriate notice of the plaintiff on the upcoming court session, made two hours before the start of the court hearing, which served as an obstacle to the participation of the plaintiff at the court hearing.

Pre-protection measures can be changed without court session

The decision expands the list of preliminary protection measures established in part 2 of Article 85 of the CAS RF. Thus, in addition to the suspension of the contested decision or ban on the commitment of certain actions, the courts are eligible to apply the following preliminary protection measures:

The imposition of arrest on property belonging to the administrative respondent. Most often, the courts are used by this measure, guided by Article 288 CAS of the Russian Federation (the appellate definition of the Moscow City Court of 04.08.2016 in case No. 33A-16358/2016; the appellate definition of the Moscow City Court of 20.04.2016 No. 33A-13508/2016). However, the opposite practice is also found (the appellate definition of the Supreme Court of the Republic of Buryatia dated 09/21/2016 in case No. 33A-5890/2016).

Imposition on the administrative respondent and other persons, including those who do not participate in the court process, the obligations of committing certain actions;

Suspending the recovery on the executive document.

It is worth noting that the last two measures of pre-protection are applied by ships in practice without any special difficulties (the definition of the Kursk Regional Court of 03.02.2016 in case No. 33A-434/2016; the appellate definition of the Supreme Court of the Republic of Dagestan dated July 12, 2016 in case No. 33A-2744 / 2016; Appeal definition of the Supreme Court of the Republic of Dagestan dated 06.23.2016 in case No. 33A-2564/2016).

In addition, the decision does not exclude the possibility of applying several preliminary protection measures for one administrative claim. At the request of those involved in the case, one pre-protection measure can be replaced by another. Replacing measures is carried out without court session and without notifying persons involved in the case (paragraph 28 of the Resolution).

The application of preliminary protection measures is possible only after the adoption of an administrative statement on the work of the court (paragraph 27 of the Resolution).

The court is not entitled to verify the feasibility of the contested acts of government agencies

Special attention is paid to clarification of the Armed Forces of the Russian Federation in order to challenge decisions, actions or inaction of power entities. According to Article 62 of the CAS RF, the courts are not related to the grounds and arguments of the stated requirements and can go beyond their limits for a comprehensive and complete study of the administrative case. At the same time, the Court cannot recognize the decision or the action of state authorities legitimate with reference to the circumstances that were not subject to the consideration of the authorities or their officials (paragraph 61 of the Resolution).

According to the explanations of the Plenum of the Armed Forces of the Russian Federation, the courts are not entitled to verify the feasibility of disputed solutions, actions and inaction of state authorities, but the excess of authority or their use, contrary to the interests and rights of citizens, organizations, states and society, is a sign of illegal action (inaction) or decision (paragraph 62 Decisions).

With the failure to appear the participants in the audio recording process, it is not necessary.

Article 204 CAS RF provides for the mandatory audioocolization of each meeting of the first or appeal instance (including a preliminary court session), as well as each individual procedural action out of meetings. The plenum of the Armed Forces of the Russian Federation provided an exception to this rule: with the failure to appear the participants in the process or if their turnout is optional, audio production is not carried out. This rule finds confirmation in the bulletin judicial practice According to the Administrative Cases of the Sverdlovsk Regional Court for the Fourth quarter of 2015, approved by the Resolution of the Presidium of the Sverdlovsk Regional Court of 30.03.2016.

Written logging is necessarily in all cases. The parties may submit written comments on the protocol, as well as the results of audio and video recording within three days from the date of signing the Protocol.

Participant performance judicial trial may be limited, or the court can at all can deprive his words without making a definition in the form of a separate judicial act. The decision of the Court to limit the speech of the participant in the process or deprivation of his word is accepted by the presiding judge and should be reflected in the minutes of the court session. Appeal of such a measure procedure coercion Perhaps only when appealing the final judicial act (Article 202 of the CAS of the Russian Federation, paragraph 44 of the ruling).

The remaining measures of procedural coercion are used by making a court definition in the form of a separate judicial act and appeal by private complaints, prosecutor representations (decree item 45).

Proceeding measures are applied at any stage of the administrative process. The definition of the application of measures of procedural coercion is made by the judge alone (in the preparation of a case for consideration) or by the Court's collegial composition (paragraph 46 of the Resolution).

One of the distinguishing features of the administrative process is the active role of the court, expressed in an additional charge of the court to take the necessary measures to comprehensively and complete the actual circumstances of the administrative case, as well as to identify and refund on its own initiative of evidence in order to properly resolve the case (part 1 of Article 63, part 1 of article 63 8, 12 of Article 226, part 1 of article 306 CAS RF).

As for the evidence, the Plenum of the Armed Forces of the Russian Federation bypassed Article 59 of the CAS of the Russian Federation, requiring refinement. This article presents a list of evidence admissible in the administrative process, one of which is emails. At the same time, the Code does not explain that it should be understood under electronic documents and how to operate with such evidence.

To date, the practice of using electronic documents as evidence in the case consists of only a couple of cases and will gain a turnover in the process of applying Article 59 of CAS RF (Definition of the Moscow City Court of 08/23/2016 No. 4GA-9033/2016; the appellate definition of the Moscow City Court of 18.12 .2015 in case number 33A-47881/2015).

It should be noted that in connection with the adoption of this resolution, the Resolution of the Plenum of the Russian Federation of the Russian Federation dated February 10, 2009 No. 2 "On the practice of consideration by the courts of cases of challenging decisions, actions (inaction) of state authorities, local governments, officials, state and municipal bodies employees. "

Not all cases can be considered in the order of simplified production.

In the Cass of the Russian Federation, chapter 33 is devoted to simplified production, which contains only four articles. Therefore, the Plenum paid great attention to this chapter, in particular, specifying the grounds, timing and procedure of simplified production.

The Decree lists cases that cannot be considered in the order of simplified production by virtue of the procedural features established by the CAS of the Russian Federation, the procedural characteristics of the consideration of certain categories of cases associated with the composition of the court, the timing of the trial, or by virtue of the direct indication of the law.

For example, disputes associated with restricting the rights and freedoms of a citizen require a mandatory presence of an administrative respondent or its representative. In this connection, such disputes cannot be considered in the order of simplified production.

Administrative cases, the term of consideration of which is less than the term established by the Code for Simplified Production, also cannot be considered according to the rules of chapter 33 CAC of the Russian Federation (paragraph 3 of paragraph 70 of the Resolution).

The term of consideration of the administrative case in the order of simplified (written) production is 10 days from the date of the determination of the consideration of the administrative case in the order of simplified (written) production. In one case, the court contrary to the petition about the consideration of the case in the order of simplified (written) proceedings considered the application in open court. He substantiated this by the fact that the case was appointed on the date emerging beyond the limits of the ten-day period, and, therefore, cannot be considered in simplified production (the appellate definition of the Tver Regional Court of 10.08.2016 in case No. 33-3332 / 2016).

Material prepared:

From September 15, 2015, the new Federal Law enters into force - the Code of Administrative Disposal (hereinafter CAS), which will regulate the procedure for considering certain categories of administrative cases.

The list of cases subject to consideration in the CAS RF, as well as procedural innovations provided for by this document, and will be subject to research in this material.

Immediately it should be noted that the CAC of the Russian Federation extends its operation only to a number of administrative cases subject to consideration in the courts of general jurisdiction. Administrative cases considered by arbitration courts, the regulation of the CAS RF is not covered. It is envisaged that the following cases will be considered in the CAC of the Russian Federation:

1. On challenging regulatory legal acts in whole or in part;

2. On challenging decisions, actions (inaction) of state authorities, other state bodies, military authorities, local governments, officials, state and municipal employees;

3. On challenging decisions, actions (inaction) of non-profit organizations, endowed with individual public or other public authority, including self-regulatory organizations;

4. On challenging decisions, actions (inaction) of the qualifying teams of judges;

5. On challenging the decisions, actions (inaction) of the Higher Examination Commission on the Reception of the Qualification Exam for the position of judge and examination commissions of the constituent entities of the Russian Federation at the Reception of the Qualification Exam for the position of judge (hereinafter also - examination commissions);

6. On the protection of election and rights to participate in the referendum of citizens of the Russian Federation;

7. On awarding compensation for violating the right to legal proceedings within a reasonable period for cases considered by the courts of general jurisdiction, or the right to fulfill the judicial act of the court of general jurisdiction within a reasonable time.

8. On the suspension of the activities or liquidation of the political party, its regional branch or otherwise structural unit, other public association, religious and other non-profit organization, as well as about the prohibition of public association or religious organizations that are not legal entities, on the exception of information about a non-profit organization from the state registry;

9. On the termination of the activities of the media;

10. On the recovery of monetary amounts to pay mandatory payments established by law and sanctions individuals (hereinafter - administrative cases on the recovery of mandatory payments and sanctions);

11. On the placement of a foreign citizen or stateless persons to be deported or transfer to the Russian Federation to a foreign state in accordance with international Treaty Of the Russian Federation on readmission, or by the Russian Federation of a foreign citizen or a person without citizenship transmitted foreign state Of the Russian Federation in accordance with the International Agreement of the Russian Federation on readmission, but not legitimate grounds for staying (residence) in the Russian Federation (hereinafter referred to as a foreign citizen, subject to deportation or readmission), in a special institution intended for this, provided for by federal law regulating legal status Foreign Citizens in the Russian Federation (hereinafter referred to as a special institution), and to extend the period of stay of a foreign citizen in a special institution (hereinafter - administrative cases on the temporary premises of a foreign citizen, subject to deportation or readmission, to a special institution and to extend the period of stay of a foreign citizen to be deportation or readmission, in a special institution);

12. On the establishment, extension, early termination of administrative supervision, as well as partial cancellation or addition to the administrative restrictions previously established by the supervised person (hereinafter also, administrative cases on administrative supervision of persons released from the places of imprisonment) - the Early Regulations on the administrative supervision were settled by the Code of Civil Procedure of the Russian Federation.

13. On the hospitalization of a citizen in medical organizationproviding psychiatric assistance in stationary conditions, in an incomplete manner, on the extension of the hospitalization period of a citizen in an involuntary order or a psychiatric examination of a citizen in an involuntary order - an early this procedure also regulated Code of Civil Procedure of the Russian Federation;

14. On hospitalization of a citizen to a medical anti-tuberculosis organization in an involuntary manner;

15. Other administrative cases on hospitalization of a citizen in a medical organization of an unemployed profile in an incomplete manner.

Those. In fact, it is intended to withdraw certain categories of cases from the subject of regulation of the Code of Civil Procedure of the Russian Federation and the transfer of them to the scope of CAS RF.

In turn, such a change in the source of legal regulation of the consideration of the specified categories of cases will not simply mean the change of details of the document regulating the procedure of their consideration, but the introduction of a number of fundamentally new features of the proceedings according to cases, early not stipulated by other procedural codes.

On the analysis of these features should be stopped in more detail.

1. A number of changes in the conceptual apparatus used in the designation of procedural terms were introduced.

So, the usual concepts "plaintiff", the defendant "," the statement of claim "replace such concepts as" administrative plaintiff "," Administrative Responder "," Administrative statement ".

Persons, the rights and obligations of which can be affected by the permission of an administrative case, are referred to as interested parties, and not by third parties, as provided for by the CCP and the APC of the Russian Federation. The meaning of the points of the terms remains unchanged.

2. The degree of independence of the court increases when considering the case.

Thus, the CAS provides for the possibility of attracting a second administrative responder as proper even in the absence of the claimant's consent. Those. In the case when the requirement was initially filed to an improper respondent, the court on its own initiative could attract a person who was a proper defendant, the claimant's consent of the plaintiff.

This situation is impossible in civil and arbitration processes, where the replacement of the improper responder can be made only with the consent of the plaintiff.

CAS directly provides for the court's right to refine evidence on its initiative, in contrast to the civil and arbitration process, in which formally the court of evidence is possible only at the request of the participants in the process.

It should be noted that such a CAS of the Russian Federation in essence codes the already established practice of ships of general jurisdiction, which often independently defend evidence confirming the circumstances that are important for the matter.

The legislative consolidation of this rule indicates the desire of the legislator to increase the role of the court in the formation of an evidentiary base in the case.

CAS provides for the right of court to go beyond the stated requirements and arguments of the parties.

From this rule, it can be concluded that the court when considering the case in the CAC of the Russian Federation is not related to the arguments given by the participants of the process, and checks the legality of the stated requirements, taking into account all the circumstances recognized by them as important to the case.

3. CAS introduces a number of additional proceeding measures.

The possibility of a forced drive of any person participating in the case is provided.

So, in the case when the participation in the consideration of the case of a specific person is recognized by the court mandatory, and this person is not at the court hearing without good reasonsSuch a person can be subjected to a coercive drive.

This is a very significant difference between the CAS from the Code of Civil Procedure of the Russian Federation, where forcibly at the court session can be delivered only to a properly notified witness, but not a person who is the party in the case.

Such a measure is introduced as an obligation to appear. It is a declared obligation of the persons in writing in a timely manner to call the court at the court hearing, and in the event of changes in the place of residence or the place of stay (location) to immediately report this to the court.

The possibility of limiting the speech of the participant in the trial is enshrined. It is the actual stop by the court of a participant in the process, if it concerns the issue that has no relation to the court proceedings.

Installed the right of court to deprive the participant of the word judicial proceedings, i.e. In essence, deprive him of the right to further speech at the court hearing. This is permissible if the participant of the process unimpressive violates the sequence of performances, repeatedly does not fulfill the requirements of the judge, and also admits insults or calls for the implementation of illegal actions.

It should be noted that the use of these coercion measures (restriction of the speech and deprivation of the word) can only be appealed when appealing the decision of the court in the case. In practice, this may mean the emergence of a situation in which any participant in the process can be deprived of the words at the very beginning of the court session, which cannot be challenged until the final judicial act.

4. The participation of the representative for a number of cases becomes mandatory.

The obligatory participation of the representative is envisaged when considering the following categories of cases:

Cases on challenging regulatory legal acts. Personally, in such cases, a citizen can only act if he has higher legal education.

Cases of compulsory room in a psychiatric hospital;

Cases of psychiatric examination in an incomparable order;

In the last two cases, the court in the absence of a representative himself appoints a lawyer.

In addition, installed mandatory requirement On the presence of higher legal education at the representative for any case, considered by CAS. Availability of education Representatives will be required to documely confirm before considering the case.

5. Collegiate consideration by first instance for a number of cases.

A list of cases subject to collegial consideration has already been highlighted in the court of first instance.

Among them are, the decisions about the collegial consideration of which adopted by the Chairman of the Court in connection with their special complexity on the basis of a motivated statement of the judge; Business about disbandment election commissions etc.

6. New technologies with the introduction of legal proceedings.

Expanding use technical means When considering the case.

The participants in the process will be able to receive judicial notifications with their consent by sending an SMS message either by e-mail. Informing the persons participating in the case in a similar form is allowed if there is its consent confirmed by the receipt.

It is possible to submit documents to the court in in electronic format;

There is an opportunity for the participants of the process to obtain copies of judicial acts and other documents in electronic form in the presence of an appropriate application.

Anton Polykutin, Lawyer of Yurinvest:

In general, the main innovations of the CAS RF is to increase the role of the court in the consideration of cases and increasing the requirements for representatives.

It is assumed that such an approach will help strengthen the mechanism of judicial protection of the rights disturbed by the state and legitimate interestsand will also lead to improving the quality of the consideration of administrative affairs.

The effectiveness of the protection of violated rights when considering cases in the CAC of the Russian Federation may be assessed over time, but now I want to express hope that the endowment of the court will not lead to violations of the principle of competition of the Parties and the restriction for them to prove its right point Forbidden by law methods.

37.Things and appointment of administrative and recovery measures.

38. Administrative process: concept, features. Administrative procedures and administrative production.

39. Advanced legislation in the field of executive.

40. Support of the prosecutor's office. Forms of responding to the prosecutor for violations of legality in the field of executive.

41. Duty control in the field of executive.

42. Prerevent control.

43. Parliamentary control.

44. Control and supervision in the field of executive.

45.Things, goals and principles of administrative responsibility.

46.Construction of administrative offenses.

Section I. General

Chapter 1. General

47.Oncented administrative responsibility.

48.The surrender, excluding administrative responsibility.

49. Features of administrative responsibility of officials.

50. The benefits of administrative responsibility of minors.

51. The availability of administrative responsibility of legal entities.

52.Things and main signs of an administrative offense.

53.Uridic composition of the administrative offense.

54. Administrative penalties: concept, goals, system, types.

55.Preservation and fine as administrative responsibility measures. The procedure for use and content.

56. Confiscation of the instrument of the commission or subject of administrative offense and deprivation of special law as administrative responsibility measures. The procedure for use and content.

57. The admirational expulsion of foreign citizens and stateless persons outside the Russian Federation. The procedure for use and content.

58. Administrative arrest and disqualification as measures of administrative responsibility. The procedure for use and content.

59. Administrative suspension of activities as a measure of administrative punishment. Procedure for use and content

60.Articles and an administrative ban on visiting official sports competitions in the days of their holding. Procedure for use and content

61. General rules for applying administrative penalties.

62. List, mitigating and aggravating administrative responsibility.

63.Matting administrative offenses.

64. The general characteristic of the proceedings on administrative offenses: the concept, types, objectives and principles of proceedings on administrative offenses.

65.Things in the work on administrative offenses: concept, meaning and species. Basic requirements for evidence.

66. Finding out to be clarified in the case of an administrative offense. The subject and limits of proof.

67. Partners of the production of administrative offenses; Types of participants.

68. Partners of the production of administrative offenses endowed with authority.

69.Lo, in respect of which proceedings in the case of an administrative offense: the concept, legal status.

70.Tell, his administrative procedural status.

71.Expert, specialist, translator as participants in the proceedings on administrative offenses.

72. Sideline and understand as participants in the proceedings on administrative offenses, their administrative procedural status.

73.Prokoror in industrial offenses.

74.Deployment of cases of administrative offenses. Types of jurisdiction.

75. Measures to ensure the proceedings on administrative offenses: the concept and types.

76.Ontimates and reasons for initiating an administrative offense case. Administrative offense protocol.

77. Administrative investigation.

78.Clocation and permission of an administrative offense case.

5.2. Consideration and permission of an administrative offense case

79. Composition (protest) and revision of decisions on administrative offenses.

80. Fuel Decisions on Administrative Offenses.

81. Administrative proceedings in the Russian Federation. The structure of the code of administrative proceedings of the Russian Federation.

82 State regulation and administrative legal regulation in the field of economics (powers of the Ministry of Economic Development, Ministry of Industry and Communist Party, Ministry of Finance).

87.The state regulation and administrative legal regulation in the field of defense (the powers of the Ministry of Defense of Russia).

88. Administrative legal regimes: concept, appointment, types, legal regulation.

89. Administrative legal mode of emergency.

90.Anministational legal regime of the military situation.

81. Administrative proceedings in the Russian Federation. The structure of the code of administrative proceedings of the Russian Federation.

On September 15, 2015, the Codex on administrative proceedings will come into force in the Russian Federation in the Russian Federation (hereinafter - the Codex), adopted by the Federal Law of 08.03.2015 No. 21-FZ.

The Code is a single systematized legislation that regulates the procedure for the implementation of administrative proceedings in consideration and resolution Supreme Court Of the Russian Federation, the courts of general jurisdiction of administrative affairs on the protection of violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations, as well as other administrative cases arising from administrative and other public relations and related to the implementation of law judicial control and validity The implementation of state or other public authority.

According to Part 2 of Art. 1 Code of Courts in the manner prescribed by this Code are considered and allowed by him administrative cases on the protection of violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations arising from administrative and other public relations, including administrative cases:

1) on challenging regulatory legal acts in whole or in part;

2) on challenging decisions, actions (inaction) of government bodies, other state bodies, military authorities, local governments, officials, state and municipal employees;

3) on challenging decisions, actions (inaction) of non-commercial organizations, endowed with individual public or other public authority, including self-regulatory organizations;

4) on challenging decisions, actions (inaction) of the qualifying teams of judges;

5) on challenging the decisions, actions (inaction) of the Higher Examination Commission on the Reception of the Qualification Exam for the position of judge and examination commissions of the constituent entities of the Russian Federation at the preparation of the qualifying exam for the position of judge (hereinafter also - examination commissions);

6) on the protection of election rights and the right to participate in the referendum of citizens of the Russian Federation;

7) On awarding compensation for violation of the right to legal proceedings within a reasonable period for cases considered by the courts of general jurisdiction, or the right to fulfill the judicial act of the court of general jurisdiction within a reasonable time.

According to Part 3 of Art. 1 In the manner prescribed by the Code, administrative cases are also associated with the implementation of compulsory judicial control over the observance of human rights and freedoms and citizens, organizations of organizations in implementing individual administrative authority requirements for individuals and organizations, including administrative cases:

1) on the suspension of the activities or liquidation of the political party, its regional branch or other structural unit, another public association, a religious and other non-profit organization, as well as on the prohibition of activities of a public association or a religious organization that are not legal entities to exclude information about a non-commercial organization from the state registry;

2) on the termination of the media;

3) on the recovery of monetary amounts to pay mandatory payments established by law and sanctions from individuals;

4) on the placement of a foreign citizen or a stateless person to be deported or readmission, or by the Russian Federation of a foreign citizen or a stateless person, but not legitimate grounds for staying (residence) in the Russian Federation, to the special establishment and to extend their stay in such a facility;

5) on the establishment, extension, early termination of administrative supervision, as well as on partial cancellation or addition of administrative restrictions previously established by the supervisor;

6) on hospitalization of a citizen to a medical organization that provides psychiatric assistance in stationary conditions, in an involuntary manner, on the extension of the period of hospitalization of a citizen in an involuntary order or a psychiatric examination of a citizen in an unscrupulous manner;

7) on hospitalization of a citizen to a medical anti-tuberculosis organization in an involuntary manner;

8) Other administrative cases on hospitalization of a citizen in a medical organization of an unexiciatric profile in an incomplete manner.

The provisions of the Code do not apply to the proceedings on administrative offenses, as well as on the proceedings of the Budgets for the budget system of the Russian Federation.

It should be noted that before the entry of the Codex on Administrative Disposal in the Russian Federation, the administrative cases of these categories are considered in the manner prescribed by the Civil Procedure Code of the Russian Federation.

The new branch of the procedural right is introduced into the system of current legislation of the Russian Federation to ensure the availability of justice in the field of administrative and other public relations, the protection of violated or disputed rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations in the field of administrative and other public legal relations, as well as For proper and timely consideration and permission of administrative cases and strengthening the legality in this area.

In accordance with the Code of the Code, the right to appeal to the court for the protection of violated or disputed rights, freedoms and legitimate interests is guaranteed to each interested person.

Administrative proceedings are built on the principles of the independence of judges, the equality of all before the law and the court, legality and justice in the consideration and permission of administrative cases, the implementation of legal proceedings and execution of judicial acts on administrative cases within a reasonable period, publicity and openness of the trial, the immediacy of the trial, competition, and Equality of the parties with the active role of the court.

Article 39 of the Code provides for the powers of the prosecutor in administrative proceedings. According to the law, the prosecutor has the right to apply to the court with an administrative statement in defense of the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or interests of the Russian Federation, the constituent entities of the Russian Federation, municipalities, as well as in other cases provided for federal laws.

An administrative claim for the protection of the rights, freedoms and legitimate interests of a citizen who is the subject of administrative and other public relations can only be filed by the prosecutor only if a citizen for health, age, incapacity and other valid reasons cannot go to court himself.

The prosecutor, who applied to the court with an administrative statement, enjoys the procedural rights and is borne by the procedural duties of the administrative plaintiff (except for the right to conclude an agreement on reconciliation and the obligation to pay judicial expenditures), as well as the obligation to notify a citizen or his legal representative about his refusal from the administrative claim in the interests of a citizen.

In case of refusal of the prosecutor from an administrative claim filed in defense of the rights, freedoms and legitimate interests of an indefinite circle of persons who are subjects of administrative and other public relations, the consideration of the administrative case is essentially continuing. If the rejection of the prosecutor from the administrative claim is related to the administrative respondent of the stated requirements, the court takes such a refusal and terminates the administrative proceedings.

In case of refusal to the prosecutor from an administrative claim in defense of the rights, freedoms and legitimate interests of a citizen, the court leaves the appropriate statement (on refusal of the claim) without consideration, if a citizen who has administrative procedural legal capacity, his representative or legal representative of a citizen who does not possess administrative procedural legal capacity, will not declare a refusal of an administrative claim. In case of refusal of these persons from an administrative claim, the court takes refusal to him if this does not contradict the law and does not violate the rights, freedoms and legitimate interests of others, and ceases production under an administrative case.

The prosecutor enters into trial and gives conclusion according to an administrative case in cases provided for by law. The prosecutor does not conclusion in the case, if the case was initiated on the basis of his administrative statement.

In addition, the sections of the Code are regulated in detail by measures of procedural coercion, general rules for production in the court of the first, appeal and cassation instances, the peculiarities of production by special categories administrative cases, the procedure for holding simplified (written) production on administrative affairs, as well as procedural issues related to the execution of judicial acts on administrative affairs and permitted by the court.

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The adoption of the Administrative proceedings Code was caused by the need to streamline the consideration of disputes between government units, organizations and citizens. The administrative process is initiated in violation of civil rights and non-compliance with the norms of the law by officials. Administrative disputes were previously subject to consideration by the Civil Code. After the adoption of the CAS, the decision is made within the framework of administrative court proceedings.

Appointment and subject of regulation of CAS RF

Legal disputes are considered by CAS if the plaintiffs are civilians or organizations wishing to appeal the activities of civil servants. Administrative proceedings also make a judgmental decision on disputes between government representatives and individuals or legal entities.

According to CAS, the appeal to the judicial system is a standard procedure in case of problems with representatives of the management sphere. The advantage of such a procedure for solving a judicial dispute is that the judicial system and executive Independent from each other. This makes it possible to cancel or correct the act made by the representative of the authority. During the proceedings, the legality of the use of powers is also considered.

Administrative proceedings are intended to protect the rights and interests of civilians, as well as organizations. Administrative proceedings disassemble the following disputes:

• appealing acts compiled by representatives of the governing bodies;
• challenging activities, as well as the inaction of civil servants, representatives of the municipality, territorial divisions of the authorities, the authorities of the state system;
• defending the right of civilians to participate in the elections;
• protesting the decision made by the judicial board;
• challenging the activities of a non-commercial, self-regulatory organization that has specific government or public powers;
• the protesting of the decision that the Examination Commission was carried out on the admission of the exam for the applicant's judicial authority;
• appointment of compensation payments for non-compliance with the norm of legal proceedings within a reasonable time for the courts of general jurisdiction, which are determined by the norms of the law;
• appealing the actions of officials, as a result of which the law of a citizen is violated for execution of a judicial act at a designated term.

Administrative proceedings conducts an analysis of additional disputes that concern the rights and freedoms of citizens or organizations. Judicial instances Also disassemble the following proceedings, solutions for which:

• contribute to the suspension or elimination of the activities of political organizations or parties, their departments in the regions, religious associations;
• prohibit societies that do not have the status of the organization;
• exclude data of liquidated organizations from the State Registry;
• terminate the activities of media representatives;
• accumulate sanctions appointed by law;
• contribute to the placement of aparters and migrants in special institutions before their transfer to a different state, deportation or prolong the stay time;
• contribute to the forced treatment of a person in a psychiatric and anti-tuberculosis institution, extending the period of detention in them;
• install, prolong, stop supervision.

The essence of the administrative process and its types

The concept of "administrative process" causes complexity in interpretation. The term includes all sorts of legal proceedings that allow managerial authorities to realize their powers. Similar government instances perform general actions to adopt acts, norms and consideration of applications from civilians.

The narrow concept of the administrative process is judicial proceedings. Judicial system Initiates legal proceedings on disputes initiated to challenge acts and resolutions of management units. Administrative proceedings are also engaged in the analysis of public legal relations. The procedure for consideration of an administrative dispute from September 15, 2015 identified CAS. Before this date, the analysis of such legal proceedings was occurring under the CCP.

CAS identified a wide range of administrative processes. Individuals and representatives of organizations have the right to draw up an appeal to address the following issues related to:

• appeals of accepted acts;
• protesting the activities of the Board of Judges;
• voter protection;
• issues of compulsory treatment in the hospital of a psychiatric institution or a tubidispanceer;
• disputes about the cadastral assessment of real estate;
• questions about the deportation of foreigners or aparters;
• questions about appointment compensatory payments For violation of the interests of civilians or organizations in courts;
• receipt on the court decision of compensation defined in the law;
• questions regarding the supervision of the administrative case;
• disputes relating to parties;
• questions about the activities of religious organizations.

In addition to these items, the following are subject to the concept of the administrative process:

• the procedure for adopting acts by the executive authorities;
• actions for issuing permits;
• state registration of objects;
• activities falling under the concept of "office work".

The CAS process is subject to certain principles.

1. Publicity. The availability of information about the course of consideration is a compulsory requirement for CAS proceedings.
2. Omensity procedural deadlines and costs of administrative process. The term of consideration of the administrative case can only be increased when preparing convincing arguments.
3. Legality. This principle belongs to the General Legal Requirements for judicial disputes. Arbitrary judicial representatives can be appealed according to the law.
4. Equality. This principle is complied with regardless of the status of the parties to the proceedings.
5. Compliance with the interests and rights of subjects of the state and the Russian Federation as a whole. Using the rights and interests of citizens is contrary to the Constitution of the Russian Federation.
6. Independence of the judiciary.
7. Considering all elements of the evidence base.
8. Competitions during legal proceedings.

Features of administrative proceedings

The Code has made some changes to the procedure for consideration of legal proceedings. According to the new standards, the Code of Civil Procedure of the Russian Federation lost the subsection (Section II PREDP. III) concerning public legal relations and disputes on them. This Code also lost chapter (22.1), which determines the procedure for appointing compensation for non-compliance with the reasonable period of proceedings, as well as the execution of judicial resolution.

According to new standards, the procedure for maintaining production has been changed. Administrative proceedings provide an improved protocol procedure and conducting a listening record to audio-means.

From representatives judicial authority Expanded the terms of reference regarding the following points:

• restrictions on time speech or deprivation of the right to perform citizens participating in the proceedings procedure;
• administrative coercion;
• elimination of documents and evidence not related to the dispute;
• establishing circumstances relating to the dispute under consideration;
• organization of favorable conditions for research evidence.

For independent protection of its interests during the administrative process, it is necessary to possess the procedural administrative capacity (Art. 5 of the CAS RF). In some cases, the participation in the proceedings of the representative is determined by the CAS.

The code describes the procedural capacity of representatives in the following features:

• achievement of majority;
• availability of complete legal capacity;
• having a legal diploma.

The prosecutor has the right to file a claim to initiate an administrative process if a person does not have administrative procedural legal capacity or is unable to defend its rights for other reasons. Such an order is not applied if it comes to the appeal of the prosecutor on the previously received complaints of citizens to the illegal activities of management and other government agencies. The most frequent appeals of civilians happen due to violation of the rights and freedoms in the work area, region social protection, the field of motherhood and childhood, medicine, education, environmental protection.

The prosecutor is given basic procedural rights and obligations. At the same time, he should not pay expenses for administrative proceedings or enter into a peaceful agreement. If he intends to refuse to appeal to defend the rights of a citizen, he is obliged to notify this person or his representatives.

His features have administrative proceedings, whose solution may stop legal Act. The plaintiff may be a citizen, the rights and interests of which are violated due to the implementation of this act. The counterclaim is unacceptable. Administrative proceedings provide for the right of the claimant for submitting a petition for the ban on the application of this act against the claim itself. Such a claim cannot be canceled, to recognize or conclude a peace agreement on it. Cancellation during the administrative process is also illegal.

How is the trial

The prerequisite for conducting proceedings is a preliminary notification of all its participants. The onset of the parties is obligatory. The first hearing is carried out by one judge. Before this meeting, be sure to pass preliminary hearings. They are designed to represent the positions of the parties. In this case, it is possible to solve the conflict to the trial. The lack of consent between the parties initiates the consideration of the case during court sessions.

The performance of all participants is held standing. With the hearsity of the verdict, the court also need to stand. CAS determines the form of appeal to the judge. Throughout the administrative process, the "Dear Court" or "Your Honor" is applied.

September 15, 2015 in Russia will come into force (hereinafter referred to as CAS RF). The document will be introduced new order Consideration of cases arising from public legal relations (appeal against the actions and inaction of government agencies, their officials, regulations). At the same time, the relevant provisions of the Code of Civil Procedure of the Russian Federation () will lose force. The same fate awaits chapter about awarding compensation for a long trial ().

The main goal that was declared in the development of CAS RF is to ensure equality in the administrative process of citizens and government agencies. Despite the fact that the code of about 70% contains norms that are already present in russian legislationIt has a number of completely new provisions. The main features and the most important novels of the document are in the material.

Administrative cases will be able to consider only the Armed Forces of the Russian Federation and the courts of general jurisdiction, except for the world in accordance with the rules of jurisdiction (). These are the protection of the violated or disputed rights, freedoms and legitimate interests of citizens and organizations (). Among them, in particular:

• on challenging regulatory legal acts and decisions, actions (inaction) of state and municipal organs, their officials and employees;
• about challenging decisions, actions (inaction) NGOs, endowed with public authority, including SRO;
• on the recovery of mandatory payments and sanctions from individuals (for example, taxes);
• on the protection of electoral rights and rights to participate in the referendum (hereinafter - election rights);
• on the award of compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time (on the affairs of the courts of general jurisdiction);
• on the suspension of activities, liquidation, prohibit public associations, NGOs, the exclusion of information about them from the state register, to terminate the media;
• on the temporary premises of a foreign citizen, subject to deportation or readmission, to a special institution and to extend the period of stay in such an institution;
• on hospitalization of citizens to medical organizations in an involuntary order and a number of others.

At the same time, administrative cases arising from entrepreneurial or other economic activities, as well as related to intellectual, patent rights and the like, will continue to consider arbitration courts and the court on intellectual rights in accordance with. This circumstance has caused broad disputes, since the norms governing administrative production are not simply scattered in two different codes, but also establish different procedures for consideration of the same, by and large, affairs.

"Such an approach is infrinning entities of entrepreneurial activities in protecting their rights from arbitrariness and lawlessness from the subjects of the Public Administration," the head of the administrative and legal protection of the business of the lawn company "Pepliaev Group" notes.

Also, the CS RF will work within the framework of the Federal Constitutional Law of July 21, 1994 No. 1-FKZ ". In addition, despite the name, the CAS of the Russian Federation does not regulate legal proceedings on administrative offenses. In this part will still be applied. Meanwhile, for example, in the doctrine, there is an opinion that in under administrative proceedings it is understood as the proceedings on administrative offenses. Such, in particular, expressed representatives of the Department civil process Moscow State Law University. O.E. Kutafina (MGU).

New persons participating in the case

In accordance with the CAS of the Russian Federation, the courts will consider administrative cases on administrative claims of the administrative plaintiff to the administrative respondent. The procedural position of the specified participants in the case is almost identical to the status of the parties in the civil procedure. However, in relation to the parties of the process, there are a number of innovations.

Along with the Code Code of the Russian Federation, the procedural complicity, the Institute of Collective Administrative Claims of Casuals in Protection of the rights and legitimate interests of a group of persons appeared in CAS RF. The basis for the treatment of such a claim of the CAC of the Russian Federation recognizes the presence of the following conditions ():

• the numerous group of persons or the uncertainty of the number of its members impeding the permission of the requirements in individual order and in order of procedural complicity;
• homogeneity of the subject of the dispute and grounds for presenting members of the group of relevant requirements;
• availability of a general administrative responder (administrative counters);
• use by all members of the group of the same way to protect their rights.

Such cases will be considered if at least 20 persons joined the court to his demand for his demand by signing an administrative claim or submitting a separate application for accession to it. At the same time, if another person with a similar lawsuit comes to court, the court must suggest him to join the submitted collective application. If the plaintiff persists, the Court suspends the production according to its application before making a decision on a collective claim.

Similarly, if, as a result of the entry into the case of co-compliance, the presence of circumstances providing for the submission of a collective claim, the court at the petition of the person participating in the case, and, taking into account the opinion of the parties, it is entitled to make a definition about the consideration of the case in a collective claim. At the same time, the consideration of the case should start first.

It did not cost the CAS of the Russian Federation and without mentioning new technologies: Persons participating in the case, with their consent will be able to receive judicial notifications via SMS or email. The consent of the face to the notice in such a form indicating the relevant contact data must be confirmed by the reception ().

Mandatory higher education Representative

One of the most discussed and controversial features of the CAS RF is the requirement of the presence of higher legal education of representatives (). This rule contrasts sharply with currently applicable provisions of the Code of Civil Procedure of the Russian Federation, according to which a representative may be any capable person (C). Also concerns the APC of the Russian Federation, which is not focused on citizens, but on financially more wealthy entities - entrepreneurs, but even at the same time it does not establish such a "obligatory" ().

Thus, the representative of the CAS RF is a certain averaged option: and not an ordinary citizen, but not a lawyer, as in criminal proceedings (). Developers explain this novel complexity of administrative disputes. However, in fact, it can be regarded as an attempt of the state to repel the desire to sue him once again with him, since the services of lawyers, naturally, are money. Representatives of public human rights organizations that are far from always have a legal education, from participation in cases considered by CAS of the Russian Federation, are actually cut off.

Thus, the participation of the representative is mandatory when considering cases of challenging regulatory acts. The exceptions are cases when a citizen has a higher legal education and behaves itself (). The same applies to the compulsory room in a medical organization that provides psychiatric assistance in stationary conditions, and a psychiatric examination in an unscrupulous manner (). However, in the last two cases, in the absence of a representative, the court himself appoints a lawyer ().

"The active role of the court"

One of the main reasons for which, according to the position of the Presidential Administration of the Russian Federation, it was worth taking CAS RF, is the need to ensure the equality of the parties in administrative proceedings. In connection with these, a lot was mentioned about the active role of the court.

In fact, in the CAS RF, it is expressed in the law of court to refine evidence on its own initiative, as well as the opportunity to go beyond the stated requirements. True, all these "novels" were already previously provided for in and.

In addition, the court will receive the right not to approve the agreement on the reconciliation of the Parties, if its conditions contradict the law or mutual concessions are unacceptable (the criteria for admissibility in the CAS of the Russian Federation are not registered) or violate the rights, freedoms and legitimate interests of others ().

In contrast to the civil procedure, if the administrative plaintiff does not agree to replace the improper administrative respondent properly, the court will be able to still attract this person without its consent, but as a second administrative respondent ().

Also, the activity of the court increased, of course, due to the introduction of measures of procedural coercion, which was not in the Code of Civil Procedure of the Russian Federation. Otherwise, to talk about the significantly improved role of the court compared to the similar provisions of civil procedural legislation does not seem possible.

Tough measures of procedural coercion

In contrast to the Code of Civil Procedure of the Russian Federation, in the CAC of the Russian Federation there is a wide range of measures of procedural coercion, not rather not for civil, but criminal law and Administrative Code of the Russian Federation. For a start to any person, whose participation is in fact, or if the court considers it a mandatory, an obligation to be applied (). This written obligation of the person in a timely manner to call the court at the court hearing and report to change the place of residence or the place of stay (location).

As a tougher measure, including in the event of a violation of the obligation to the appearance, the drive can be applied to any person. bailiffs (). Recall that today under the Code of Code of Civil Procedure of the Russian Federation, the drive can only be applied to the properly informed witness, which was repeatedly not at the meeting (in the CAC of the Russian Federation, this provision is also contained, it is contained in).

From other measures of procedural coercion, provided for by the CAC of the Russian Federation, it is possible to distinguish the performance or deprivation of the participant of the word process, prevention and removal from the courtroom and fines (,).

The definition of a court on the application of procedural coercion measures can be appealed separately from the decision of the Court (). The exception is only the restriction of the speech of the participant of the court proceedings or the deprivation of his word - such a definition can be appealed only when appealing the decision of the Court (). Thus, any participant in the process can be "turned off" until the very end of the consideration of the case, and it will not be able to challenge it during the process.

Increased time consideration

In some cases, the CAC of the Russian Federation revised the deadlines for filing and consideration of lawsuits compared with the Code of Civil Procedure of the Russian Federation. So, the term for consideration of cases of challenging regulatory legal acts by the courts of general jurisdiction from one to two months () is increasing. As well as total time Consideration of cases of challenging actions (inactions) of state and municipal bodies, other bodies, organizations that have been submitted by individual public authority, officials, state and municipal employees - month instead of 10 days under the Code of Civil Procedure of the Russian Federation ().

However, for some cases, the deadlines are preserved that today are fixed in the Code of Civil Procedure of the Russian Federation. So, the claims on the coordination of the place and time of the public event, warnings regarding the goals of the event and the form of it are considered within 10 days. If the lawsuit is filed before the event starts - no later than the day of its preceding (). For challenging decisions representative organ The municipality about the samorem and the removal of the head of the municipality is also set for a period of 10 days - from the moment of adoption of the relevant decision ().

As well as in the Code of Civil Procedure of the Russian Federation, general rule It is possible to appeal to the court (inaction) within three months from the moment that the face became aware of the violation of his rights or freedoms (). However, at CAS RF again there are exceptions: on public events, the term for appeal - 10 days from the moment the person learned about the violation of their rights (). The same time is established to initiate cases of challenging the decision of the representative body of the municipality about Samorem and on the disposal of the head of the municipality - 10 days from the date of decision.

Restriction of the right to appeal the results of elections

According to the provisions of the CAS RF citizen, as well as now, has the right to challenge the decisions, actions and inaction of state and municipal authorities, the election commission, the referendum committee, officer. However, according to CAS RF, he can only do this if his rights were violated. Similar norms on the principle of "everyone for themselves" are enshrined in relation to members of election commissions, observers, candidates, proxies. Only election commissions and the prosecutor will be able to present claims in connection with violation of the electoral legislation of the Russian Federation. The latter will also receive the right to appear in the court in defense of the election rights of Russian citizens ().

Recall that today all these individuals have the right to challenge the corresponding decisions, actions (inaction), if they believe that the voting rights of Russian citizens in general () are violated. In other words, they are granted the right to act as in their own interests and in the interests of an indefinite circle of persons. However, since the norm is formulated in general, these different opportunities are not clearly followed out, which creates confusion when law enforcement. This, in particular, indicated the CS of the Russian Federation, asking the legislator to clarify this issue, since civil law It does not provide for the right of citizens to choose, at its discretion, one or another procedure of judicial protection ().

True, at the same time, the court indicated that the civil case is allowed to establish a person in defense of the rights, freedoms and legitimate interests of another person, an indefinite number of persons, but only in cases provided for by the Civil Procedure of the Russian Federation and other federal laws. Accordingly, the legislator had the opportunity to provide for these cases and register the ability to protect both his rights and freedoms and the rights and freedoms of other persons. He could also, on the contrary, to narrow the existing norm and present the opportunity to protect only his rights to each subject. It was the last option that was implemented in CAS of the Russian Federation, which limits the right to appeal the results of elections, for example, the same observers.

Simplified (written) production

Another new cass of the Russian Federation is the possibility of consideration of an administrative case by the court in the order of simplified (written) production - without conducting the interpretation and presence of the parties in the meeting room (). The court examines only evidence in writing (for example, feedback, explanations and objections to the claim, the conclusion of the prosecutor).

As a general rule, an administrative case can be considered in the order of simplified (written) production in case:

• all participants in the case stated the petition for his consideration in their absence and their participation in the consideration of this category of affairs is not mandatory;
• the petition for the consideration of the case in the order of simplified production was announced by the administrative plaintiff and the administrative respondent did not declare objections;
• the total debt amount specified in the administrative statement mandatory plates and sanctions do not exceed 20 thousand rubles. ().

Suspension of activities, prohibition, liquidation of public associations

Collective consideration of cases

Unlike the Code of Civil Procedure of the Russian Federation, especially complex disputes in court of first instance will be considered collegial (). These are administrative cases:

• on challenging the regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation;
• on disbanding election commissions;
• on challenging decisions (evasion of decision-making) CEC on the results of elections of the President of the Russian Federation, State Duma deputies or the results of the Federal Referendum;
• aimed at the court of first instance for a new consideration with an indication of their collegial consideration;
• decisions on the collegial consideration of which adopted by the Chairman of the Court in connection with their special complexity on the basis of a motivated statement of the judge;
• considered by the Disciplinary Board of the Armed Forces of the Russian Federation.

Courtes appeals instance Will consider cases, as today, collegially as part of three judges ().

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Assessing CAS RF as a whole, it can be said that the main part of its provisions is borrowed from the Code of Civil Procedure of the Russian Federation with insignificant and sometimes very controversial innovations. It is not necessary to talk about any real equalization of citizens and organizations in the rights with the state when considering disputes arising from public relations. The provisions on the "active role of the court" anything significant in legal proceedings compared to the norms of the Code of Civil Procedure of the Russian Federation do not bring.

Plus, all disputes with the state from economic activity will continue to be considered according to the rules of the APC RF, and its innovations did not touch. Therefore, even if we assume that the revolution in administrative proceedings was accomplished, it would not affect entrepreneurs. True, who in this situation is more lucky - to them or ordinary citizens - practice will show.