The Summary Procedure in the Administrative Law: Experience of Comparative Legal Research

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Abstract


The author focuses upon the features of the summary procedure (written proceeding) concerning administrative matters of the Code of Administrative Procedure of Russian Federation and reveals its place in the system of special procedures. The author dwells on the consepts of summary, simplified and reduced proceedings in the context of comparative analysis of the administrative procedural legislation of some foreign countries. Furthermore, article stresses the need to give particular status to the summary procedure. Notes that in modern States there is the well-known variety of different approaches to the use of summary, simplified and reduced proceedings their legal frameworks and subject sphere. Nonetheless, the wide use such proceedings under administrative procedure in various countries suggests, that in the modern context one of the major trends of development administrative procedure law is expedite trials by simplifying procedures and the possibility of cutting down on the time required to hear administrative cases. The tendency of development of the simplified forms of proceedings in the Russian Federation aimed at shortening the timelines of regarding cases and improving judicial efficiency of administrative judicial proceedings is reflected in the summary procedure (written proceeding) and in the writ proceedings. Reveals the essential characteristic of the summary procedure (as written) such as: administrative process takes place without court hearings, without summons and hearing the parties in the shorter procedural time limits, based on written proof submitted by the parties. Concluded that the refusal of to establish a list of cases of the summary procedure, meaning that it can be used for any administrative case if one of the following conditions set out in article 291 of the Code of Administrative Procedure of Russian Federation, as well in the cases specified in part 7 of article 150, in part 5 of article 216 and in part 2 of article 315 of the Code of Administrative Procedure of Russian Federation. Also the comparative analysis of the summary procedure and writ proceeding is made. On the provisions of article 123.5 of the Code of Administrative Procedure of Russian Federation concluded that writ proceeding has a special nature, since the legislator defines this procedure outside the two judicial proceedings provided by article 140 of the Code of Administrative Procedure. Accordingly, it is suggested to consider the writ proceeding as pre- procedural, ex parte proceeding for settling disputes.

About the authors

Aleksandr B Zelentsov

Russian Peoples' Friendship University

Email: abzelentsov@yandex.ru
6, Miklukho-Maklaya st., Moscow, Russia, 117198
Law Institute

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Copyright (c) 2016 Зеленцов А.Б.

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