Complicity in Administrative Proceedings

Abstract

The author of the paper, making a brief historical insight, comes to the conclusion that unification of institutions of complicity in modern civil procedural codes is predetermined by the development of both the doctrine and legislation. Explaining the main characteristics and types of procedural complicity, the author expresses an opinion on the acceptability for the Russian institution of mandatory procedural complicity of the American model that divides mandatory complicity into conditionally mandatory and absolutely mandatory. Based on judicial practice, the paper argues for the need to finalize the grounds for procedural complicity in administrative proceedings, taking into account the specifics of substantive administrative legal relations, as well as the need to expand the court’s ability to bring to court co-defendants based on the tasks of justice and judicial discretion. The author substantiates the conclusion that the first and second defendants involved in the case of challenging the decision, action (inaction) of an official, state or municipal officer under Part 2 of Article 221 of the Code of Administrative Procedure of the Russian Federation, in fact, are co-defendants. The paper emphasizes the importance of finalizing normative regulation of the institution of complicity in administrative proceedings.