Adoption of a judgement and exercising control of its performance by a court in administrative proceedings

• Main Author: Kuliushin Evgenii Nikolaevich
• Format: Article
• Language: English
• Published: EDP Sciences 2021-01-01
• Series: SHS Web of Conferences
• Subjects: administrative proceedings; court of first instance; astreinte; court decisions; control over the execution of court decisions
• Online Access: https://www.shs-conferences.org/articles/shsconf/pdf/2021/29/shsconf_rudnltmrp2021_03029.pdf

The article examines the essence and content of the powers of the court of first instance to make a judgement and control its implementation in order to improve the effectiveness of judicial protection of violated rights of citizens and organisations against illegal acts of public law bodies, the correctness and timeliness of consideration and resolution of cases in public law disputes, prevention of violations in the area of public law relations, the possibility of reducing the burden on courts of first instance in various categories of public law disputes. The key focus is on the peculiarities of exercising by a court of powers to make court judgements and exercising control of their execution in public law disputes on the basis of historical-legal, comparative-legal and formal-legal methods of researching similar powers of courts in countries of the civil law system (France, Germany) and countries representing the common law system (England, USA), comparing the contents of the powers of the court in administrative proceedings in accordance with the Code of Administrative Procedure of the Russian Federation and the powers of the court in civil and arbitration proceedings. The use of historical-legal, comparative-legal and formal-legal methods for researching the content of powers to adopt a court judgement and exercise control over its execution made it possible to formulate conclusions regarding the scope of procedural actions of the court of first instance in administrative proceedings, the possibilities of improving the model for exercising judicial control over acts in public-legal authorities, correctness and timeliness of execution of court judgements taken against public law authorities in order to ensure that the weak side in administrative proceedings can be protected. The novelty of the work lies in the proof that in order to increase the effectiveness of the protection of the violated rights of individuals against unlawful acts of public authorities, it is necessary to improve the mechanism for the exercise by the court of powers to make a judgement and exercise control over implementing it.