{"title":"机构、组织和个人参与就行政案件提出意见","authors":"S. M. Mikhailov","doi":"10.17803/1994-1471.2024.159.2.018-026","DOIUrl":null,"url":null,"abstract":"The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.","PeriodicalId":158497,"journal":{"name":"Actual Problems of Russian Law","volume":"7 3","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Participation of Bodies, Organizations and Individuals in an Administrative Case to Render an Opinion hereon\",\"authors\":\"S. M. Mikhailov\",\"doi\":\"10.17803/1994-1471.2024.159.2.018-026\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.\",\"PeriodicalId\":158497,\"journal\":{\"name\":\"Actual Problems of Russian Law\",\"volume\":\"7 3\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-02-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Actual Problems of Russian Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17803/1994-1471.2024.159.2.018-026\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Actual Problems of Russian Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17803/1994-1471.2024.159.2.018-026","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Participation of Bodies, Organizations and Individuals in an Administrative Case to Render an Opinion hereon
The paper is devoted to examination of some problems related to the participation of bodies, organizations and individuals in administrative cases in order to render a decision hereon. The author analyzes the grounds and objectives of such participation, determines the range of subjects obliged to render an opinion and the procedure for their involvement (entry) into the judicial administrative procedure, elucidates peculiarities of a procedural standing of the relevant bodies, organizations and individuals. On the basis of the research, the author concludes that it can serve to improve the legislation on administrative proceedings and the practice of its application, in particular: on expediency of supplementing the CAP of the Russian Federation with norms that would allow bodies and individuals to be involved in giving opinions not only in cases provided for by the Code, but also in other cases when the court considers it necessary, on specificity of the mechanism involving commissioners for the rights of the child in the judicial administrative proceeding in relevant categories of cases that allows combining an active role of the court and the human rights function of the commissioner.