The Range of Administrative Justice Specializations in Russia and the Other Brics Countries

AuthorM. Kleandrov - I Pluzhnik
PositionRussian Academy of Sciences (Moscow, Russia) - Tyumen State University (Tyumen, Russia)
Pages24-48
BRICS LAW JOURNAL Volume V (2018) Issue 2
THE RanGE oF aDMInISTRaTIVE JuSTICE SPECIaLIZaTIonS
In RuSSIa anD THE oTHER BRICS CounTRIES
MIKHAIL KLEANDROV,
Russian Academy of Sciences (Moscow, Russia)
IRINA PLUZHNIK,
Tyumen State University (Tyumen, Russia)
DOI: 10.21684/2412-2343-2018-5-2-24-48
This article deals with the challenges concerning increasing administrative justice ecacy
in Russia and other BRICS countries, where the specialized development of jurisdictional
bodies is inconsistent and far from eective. The article analyzes the gaps and disputed
aspects of administrative justice including the mechanisms for judicial administrative
dispute resolution in the BRICS countries. The authors argue that the level of eectiveness of
administrative justice vested in judicial procedures depends critically on the specialization
of the administrative courts. This involves individual judges, separately operating
permanent judges, judicial committees, mono-courts, independent administrative judicial
systems incorporated into larger judicial systems within the courts of general jurisdiction,
and separate and independent administrative and judicial systems. Even though the
BRICS countries do not have a structured administrative judiciary, the retrospective and
comparative analysis of their administrative justice jurisdiction and its most eective
practices and mechanisms undertaken by the authors enables them to rethink the existing
approach to resolving administrative cases via the judiciary. The aim of the article is to
initiate the creation of an independent administrative court system organization in order
to ensure better justice in the areas of social life including legal relations with executive
bodies. Suggestions for the implementation of the specialization of the administrative
judiciary in the Russian Federation are given. The authors, for the rst time in Russian
jurisprudence, propose a theoretical model of an independent, four-tiered specialized
legal mechanism of administrative justice, which includes the interrelated factors of court
organization, the judiciary and their legal status. The range of the four specialized tiers
of the administrative judicial system is proposed. It is argued that they should include
a systematic succession represented by lower courts, rst instance lower courts, area
courts and a Higher Administrative Court of the Russian Federation.
MIKHAIL KLEANDROV, IRINA PLUZHNIK 25
Keywords: BRICS countries; administrative law ; administrative justice; specialized
administrative judiciary; court specialization.
Recommended citation: Mikhail Kleandrov & Irina Pluzhnik, The Range of Administ-
rative Justice Specializations in Russia and the Other BRICS Countries, 5(2) BRICS Law
Journal 24–48 (2018).
Table of Contents
Introduction
1. Administrative Justice in Brazil, India, China and South Africa
1.1. Administrative Justice in Brazil
1.2. Administrative Justice in India
1.3. Administrative Justice in China
1.4. Administrative Justice in South Africa
2. History of Administrative Justice Development in Russia
3. Assessment of the Eectiveness of Current Procedural Legislation
in Russia
4. Integrity of Existing Terms Administrative Wrongdoing” and “Crime”
5. Shortcomings of Modern Administrative Procedural Law
Conclusions
Introduction
One of the critical tasks in the area of law of any state is the increase in the
eectiveness of jurisdictional bodies provided via the development of scholarly
legal tools.
The goal of increasing the eciency of jurisdictional bodies is correspondingly
related to the adequate enhancement of all the tiers of the mechanism of
administrative justice to protect the rights and legal interests of citizens and
organizations when they are violated or challenged, and the prompt remedy of the
infringed justice.
One of the ways to accomplish this is through the analysis of similar institutions
in the mechanisms of administrative justice of foreign states, here with reference
to the BRICS countries.
At present, BRICS is not a legally registered interstate association, having neither
its own coordinating center nor its own headquar ters. The consolidating basis of
its activity is economic integration and mutual assistance in the modernization of
economic systems. At the same time, for each of the BRICS member states there are

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