SCIENTIFIC AND THEORETICAL ANALYSIS CONCEPT AND ESSENCE OF ADMINISTRATIVE PROCEEDINGS

Abstract

This article provides a scientific and theoretical analysis of the concept and essence of administrative proceedings on the basis of the history of the emergence of this legal institution and the views of legal scholars in this direction. In particular, it points out that the concept of administrative proceedings was first used in the legislation of France, and then in the legislation of Germany, Switzerland, Italy and the United States of America. It also mentions the fact that administrative proceedings are understood by legal scholars in three different contexts. While one group of scientists understood administrative proceedings as a way of making a person responsible for administrative offenses by court, other scientists considered administrative proceedings as the resolution of disputes arising from public law relations by court, that is, consideration and resolution of complaints from citizens and legal persons on decisions of state bodies and actions (inaction) of officials. The third group of scholars under administrative proceedings differenciated  two types of activities of the court, namely the resolution disputes arising from public-legal relations by court and its participation in proceedings on cases of administrative offenses. On the basis of the analysis the author suggests the definition of the concept of administrative proceedings.