Legal encyclopedia. The letter a

ADMINISTRATIVE JUSTICE

- The system of special judicial bodies, whose main task is to monitor the legality of actions and decisions of the administration (executive bodies) when considering claims and complaints of citizens or organizations in connection with violation of their rights and legitimate interests.

A. Yu. Formed in the XIX century. As a necessary element of the rule of law, among which the principles of guaranteeing the rights and freedoms of citizens against illegal actions by public authorities were proclaimed.

Taking into account specific social, political conditions and legal traditions, several types of AY have developed. In some states there is an independent system of administrative courts independent of courts of general jurisdiction, in others these courts act as the initial instance that resolves an administrative dispute, decisions

Which can be appealed to a court of general jurisdiction.

In France, the independent system of A. Yu. Includes regional and specialized administrative tribunals acting as the first instance. Supreme body A. Yu.

- The State Council.

The Administrative Tribunal reviews complaints against acts of executive bodies

- both individual and normative. Only acts that have the force of law, approved by a special law, and acts of general jurisdiction are not subject to review.

In Germany, the system of administrative courts is represented by: land administrative courts, which, in the first instance, consider the bulk of administrative disputes of a public nature;

Specialized courts, also

Considering cases at first instance; The highest administrative court of the land is the cassation instance in relation to the land administrative court; The Federal Administrative Court is the supreme court of A. Yu. The Administrative Court may consider complaints against individual administrative acts, as well as regulatory

Acts of government that violated the rights of citizens or organizations. Legislative and judicial acts can not be appealed.

In the UK, there is no separate system for A. Yu. The functions of A. Yu. Are performed by independent tribunals as the first instance. Appeals against the decisions of the tribunal may be filed with the appropriate appeal tribunal, and in some cases directly with the court of common law. Decisions of the tribunal can be appealed against the law to the High Court, the Council of the Tribunals, and then to the House of Lords.

In the US, there is also no separate system of courts for A. Yu., As the judicial power extends to all disputes in which the US is a party. For consideration of administrative disputes, a number of state bodies have established quasi-judicial bodies - administrative judges and appellate administrations (councils).

In pre-revolutionary Russia, there was no special system of organs of A. Yu. In the form of separate vessels. The predominant place was occupied by the administrative procedure for examining citizens' complaints about unlawful acts of government bodies and their officials.

Certain functions of A. Yu. Served the Senate.

The Constitution of 1977 enshrined the right of citizens to appeal to the court unlawful actions of state bodies and officials in the manner prescribed by law. In 1993, the Law on Appealing to Actions and Decisions Violating Citizens 'Rights and Freedoms was adopted, and in the Civil Code of the RSFSR a chapter on the consideration by courts of citizens' complaints of actions and decisions of public authorities, local self-government bodies, enterprises, associations, Public organizations. Judicial control over individual and normative acts of state administration was introduced. The right of citizens to judicial protection from unlawful actions of the administration is guaranteed by the 1993 Constitution of the Russian Federation.