About Some Measures for Autonomization and Optimization of Administrative and Tort Proceedings in the Russian Federation

Abstract

The article reveals the problems that unite the judicial reform with the reform of the Institute of administrative responsibility and control and Supervisory activities, which are currently being carried out in the Russian Federation in parallel. In this regard, the research focuses on the key connecting element of these reforms, namely: administrative torts detected in the course of control and Supervisory activities. Presents the scientific analysis allows to understand the administrative-procedural content of control and supervision, to justify the separation of this state activities for centralized and decentralized types, to allocate the administrative and disposable administratrative punishable offences entailing the use of complex special administrative coercive measures extrajudicial and judicial administrative and procedural matters to make the conclusion about the necessity of separating judicial and administrative tort cases arising from the Supervisory relationship, among the total number of administrative cases assigned to the jurisdiction of the courts. In strict accordance with the principles and norms of the Constitution of the Russian Federation, autonomy is justified (separation in judicial administrative proceedings) administrative and tort proceedings. The ranking of administrative and tort proceedings on the main and derivative types is carried out, the consolidation is justified) punitive and restorative administrative and tort proceedings. Conducted a comprehensive review of administrative tort proceedings, enshrined in the APC, СAP and Administrative Code. The results of the analysis put forward evidence-based conceptual proposals on optimization of administrative-tort litigation, which can be implemented in the course of the country s judicial reform in conjunction with reform of legislation on administrative offences and regulatory activities.