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Title

Form of Action in Administrative Proceedings

Author

Aleksey Vladimirovich Toropov – barrister, degree-seeking student of Constitutional and Administrative Law Department, South Ural State University (Chelyabinsk). E-mail: pravo74@inbox.ru.

Section

Problems and Questions on Constitutional and Administrative Law

Abstract

The article considers the problem of form of action (appeal) in administrative proceedings in terms of a project of Code of Administrative Court Procedure. The article deals with general characteristics and features of administrative appeal, a range of subjects of public and legal relations, which protection of subjective public rights and interests is due to the use of an administrative appeal. The author analyzes the notion of an administrative appeal, ambiguous problem of a theoretical notion of administrative appeal is highlighted. The author comes to the conclusion that administrative appeal is a tool of proceedings to realize the rights to appeal in administrative court proceedings. On the basis of analysis of different viewpoints of the scholars the author’s view on the notion of administrative appeal with its procedural form of administrative form of claim is pointed out.

Keywords

administrative appeal, administrative law, administrative proceedings.

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References