Administrative Law and Procedure

In Russian public administration, questions related to the functioning of the federalist model, centralisation, administrative reforms, policy frameworks, and the hybrid, super-presidential political system, impact administrative practices and thinking. Similar to the challenges found in the institutionalisation of the rule-of-law principle, the creation of a more result-based accountability has been marked by various degrees of success. The transformation needs to be assessed realistically as a historically unique exercise in changing administrative and legal culture.

The debate surrounding administrative justice in Russia has long been centred on the issue of creating administrative courts and trying administrative offences, rather than judicial review of administrative decisions. As a result, and at least prior to the adoption of the Code of Administrative Procedure in 2015, the debate overlooked the actual functioning of administrative justice before both the courts of common jurisdiction and the commercial courts. Both the Supreme Court (its Civil Division, renamed Administrative Division in 2011) and High Commercial Court developed detailed case law on judicial review of administrative decisions and regulatory acts (the latter is especially true of the Supreme Court). The two courts elaborated on applicants ’ standing, on the admissibility criteria of applications for judicial review, and most importantly, on the legality of administrative decisions and acts. The Supreme Court ’ s case law is also distinguished by extensive application of international law – although quite often to the disadvantage of individual applicants.