Preview

Kazan Journal of Historical, Linguistic, and Legal Research

Advanced search

Directness of trial as a principle of Russian legislation on administrative proceedings

https://doi.org/10.26907/2541-7738.2025.5-6.242-253

Abstract

In this article, the results of a study that employed the systemic and formal logical methods, along with the normative reading of Russian procedural statutes, to investigate the substantive features of related procedural principles within Russian administrative proceedings are examined. The place of the principle of directness of trial proceedings both in the general system of legal principles and among the basic principles of administrative proceedings was clarified. In particular, as a legal principle, directness refers to a procedural obligation imposed on a trial court, but it manifests itself in other normative expressions through the actions performed by the subjects of administrative proceedings. Therefore, its legal effect extends far beyond the trial court and applies to all participants of administrative proceedings, regardless of their procedural status. Based on the analysis of the legislative norms and trends in Russian law enforcement practice, the substantive criteria of the principle of directness of trial in Russian administrative proceedings were formulated.

About the Authors

S. V. Gizyatova
Naberezhnye Chelny Institute of Kazan Federal University
Россия

Svetlana V. Gizyatova, Cand. Sci. (Law), Associate Professor, Department of Constitutional, Administrative, and International Law

Naberezhnye Chelny, Russia



A. V. Kurochkin
Naberezhnye Chelny Institute of Kazan Federal University
Россия

Anatoly V. Kurochkin, Cand. Sci. (Law), Associate Professor, Dr. Sci. (Politics), Professor, Head of Department of Constitutional, Administrative, and International Law

Naberezhnye Chelny, Russia



References

1. Terekhova L.A. Principles of legal proceedings in the Code of Administrative Procedure and in the Civil Procedure Code. Law Enforcement Review, 2020, vol. 4, no. 3, pp. 139–147. https://doi.org/10.24147/2542-1514.2020.4(3).139-147. (In Russian)

2. Danilova A.A. Principles of administrative proceedings. Vestnik Samarskoi Gumanitarnoi Akademii. Seriya: Pravo, 2018, no. 2 (21), pp. 65–67. (In Russian)

3. Belozertseva D.N. Application of the basic principles of administrative proceedings by courts of general jurisdiction. Mezhdunarodnyi Zhurnal Gumanitarnykh i Estestvennykh Nauk, 2023, no. 12-1 (87), pp. 135–138. https://doi.org/10.24412/2500-1000-2023-12-1-135-138. (In Russian)

4. Yarkov V.V. Principles of administrative proceedings: General and specific. Herald of Civil Procedure, 2023, vol. 13, no. 6, pp. 32–45. (In Russian)

5. Nikitin S.V. The concept and system of principles of administrative proceedings in modern Russia. Sud’ya, 2025, no. 1 (169), pp. 18–22. https://doi.org/10.52433/18178170_2025_01_18. (In Russian)

6. Vinnik Yu.K. Implementation and effect of the objectives and principles of administrative proceedings in courts of first instance. Zhurnal Administrativnogo Sudoproizvodstva, 2017, no. 2, pp. 11–15. (In Russian)

7. Ilyukhina V.A. The principle of directness of judicial administration in the legal system of Russia. Mirovoi Sud’ya, 2023, no. 10, pp. 33–37. (In Russian)

8. Vilkova T.Yu. Orality and directness of judicial trials – inter-branch principles of legal proceedings. Russian Judge, 2017, no. 5, pp. 15–18. (In Russian)

9. Grigorevskiy V.A. Securing evidence in connection with the principle of directness of judicial proceedings. Zakonodatel’stvo, 2023, no. 2, pp. 52–58. https://doi.org/10.58741/16818695_2023_2_52. (In Russian)

10. Tomchik S.Yu. The essence of the principles of administrative proceedings. Herald of the Eurasian Academy of Administrative Sciences, 2016, no. 4 (37), pp. 7–9. (In Russian)

11. Nobel A.R. The concept and content of the principle of directness and guarantees of its implementation in proceedings on administrative offenses. Actual Problems of Russian Law, 2024, vol. 19, no. 4 (161), pp. 11–18. https://doi.org/10.17803/1994-1471.2024.161.4.011-018. (In Russian)

12. Sakharnykh A.V. On the peculiarities of implementing the principle of directness of trials in the context of the coronavirus pandemic. Magistrate Judge, 2021, no. 6, pp. 25–32. https://doi.org/10.18572/2072-4152-2021-6-25-32. (In Russian)

13. Möller K. Proportionality: Challenging the critics. Comparative Constitutional Review, 2014, no. 4 (101), pp. 86–106. (In Russian)

14. Dolzhikov A.V. The effect of the constitutional principle of proportionality in the sphere of state law. Bulletin of the Volga Region Institute of Administration, 2018, vol. 18, no. 5, pp. 29–36. https://doi.org/10.22394/1682-2358-2018-5-29-36. (In Russian).


Review

For citations:


Gizyatova S.V., Kurochkin A.V. Directness of trial as a principle of Russian legislation on administrative proceedings. Kazan Journal of Historical, Linguistic, and Legal Research. 2025;167(5-6):242-253. (In Russ.) https://doi.org/10.26907/2541-7738.2025.5-6.242-253

Views: 9

JATS XML


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2541-7738 (Print)
ISSN 2500-2171 (Online)