The Essence and Characteristics of Administrative Procedural Decisions

The subject of the study covers administrative procedural decisions made during the initiation and consideration of administrative cases, while appealing decisions on the case. The purpose of the study is to analyze the essence of the administrative-procedural decision and the procedure for its adoption. It is stated that in administrative science there are several related categories: managerial decision, administrative decision and administrative procedural decision, where an administrative procedural decision is a kind of administrative decision taken in an administrative procedural order in an administrative case. Thus, these categories are related to each other as the general with the specific. The features of administrative procedural decisions within the framework of cognitive activity in the administrative process are determined by the goals and objectives that must be achieved in the administrative case, the sphere of public relations, about which an administrative case has been initiated, the type of administrative proceedings, the stage of the administrative procedure. It should also be borne in mind that administrative procedural decisions are expressed in the form of procedural acts and have an individual or normative nature, i.e. an administrative procedural decision and an administrative procedural act relate to each other as the content and the form. Attention is drawn to the role of administrative discretion in making an administrative procedural decision. Administrative procedural decisions are not only the final element of any stage of administrative procedural activity, but also a means of obtaining a certain type of information. Such information has evidentiary value, and under certain conditions it will serve as an evidence in an administrative case. For an administrative procedural decision, it is also important that: a) legal qualification of the facts is correct and the choice with due regard to the relevant regulatory legal act is right, because in this case it is possible to talk about the validity of the administrative procedural decision; b) administrative procedure for making a decision the features of which are preconditioned by a specific type of administrative proceedings are established. The author makes an attempt not only to identify the signs of an administrative procedural decision, but also to classify it on various grounds.

1. Alekseev SS. Obshchaya teoriya prava : uchebnik [General theory of law : textbook]. Moscow: Prospekt Publ.; 2009 (In Russ.).

2. Borulenkov YuP. Yuridicheskoe poznanie (nekotorye metodologicheskie, teoreticheskie i prakseologicheskie aspekty): monografiya [Legal cognition (some methodological, theoretical and praxeological aspects): monograph]. Moscow: Yurlitinform Publ.; 2014 (In Russ.).

3. Bulygin EV. Izbrannye raboty po teorii i filosofii prava [Selected works on the theory and philosophy of law]. St. Petersburg: Alef-Press; 2016 (In Russ.).

4. Kini R. Teoriya prinyatiya resheniy [Decision theory]. In: Operations research: in 2 vols. Vol. 1. Moscow: Mir Publ.; 1981 (In Russ.).

5. Lupinskaya PA. Resheniya v ugolovnom sudoproizvodstve: teoriya, zakonodatelstvo, praktika : monografiya [Decisions in criminal proceedings: theory, legislation, practice : monograph]. Moscow: Norm: Infra-M Publ.; 2020 (In Russ.).

6. Lukyanova EG. Teoriya protsessualnogo prava [Theory of procedural law]. Moscow: Norma Publ.; 2003 (In Russ.).

7. Mikheeva IV. Administrativnoe usmotrenie v vedomstvennom normotvorchestve Rossii [Administrative Discretion in Russia’s Departmental Rulemaking]. Yearbook of Public Law – 2017: Discretion and evaluation concepts in administrative law. Moscow: Infotropik Media Publ.; 2017 (In Russ.).

8. Morkovnik VV,Bogacheva GF, Lutskaya NM. Bolshoy universalnyy slovar russkogo yazyka [The Great Universal Dictionary of the Russian Language]. State Institute of Russian Language named after A. S. Pushkin. Moscow: Dictionaries of the 21st century; AST-Press shkola Publ.; 2016 (In Russ.).

9. Nozdrachev AF. Administrativnye akty: ponyatie, priznaki, dinamika [Administrative acts: concept, signs, dynamics], In: Administrative Procedures and Control in the Light of the European Experience]. Moscow: Statute Publ.; 2011 (In Russ.).

10. Solovey YuP. Diskretsionnyy kharakter administrativnogo akta kak obstoyatelstvo, isklyuchayushchee sudebnuyu proverku ego zakonnosti [Discretionary Nature of Administrative Act as a Circumstance Precluding Judicial Review of its Legality]. Law. Journal of the Higher School of Economics. 2019;4:72-99 (In Russ.).

11. Solovey YuP. Nekotorye voprosy sudebnogo kontrolya za diskretsionnymi administrativnymi aktami v Rossiyskoy Federatsii [Some issues of judicial control over discretionary administrative acts in the Russian Federation]. Yearbook of Public Law. 2017 : Discretion and evaluation concepts in administrative law. Moscow: Infotropik Media Publ.; 2017 (In Russ.).

12. Tikhomirov YuA. Mnogourovnevoe regulirovanie i kachestvo administrativno-pravovykh resheniy. Riski [Multilevel regulation and the quality of administrative and legal decisions. Risks]. Modernization of Administrative Legislation (Goals, Objectives, Principles and Current Directions): Monograph. Moscow: IZiSP Publ. Infra-M Publ.; 2019 (In Russ.).

13. Tikhomirov YuA. Upravlencheskoe reshenie [Administrative Decision]. Moscow; 1972 (In Russ.).