Some Issues of Initiation of Administrative Proceedings in the Russian Federation

The paper examines some problems of the procedure for initiating administrative proceedings under Russian law. Administrative currently represent an independent procedural form protection public rights and interests, while being «antipode» against civil proceedings. However, legislation does not provide any criterion determining cases legal nature, which causes problem applicable when specific cases. author proves that law, unlike private always belongs to unlimited number persons. By virtue this, a nature should also be determined based on attribution disputed right. It is proposed consolidate as mandatory element statement claim right or interest violated, in opinion plaintiff, by acts, decisions acts (or omissions act) authorities. Since law provides participation judicial representative with degree Cand. Sci. (Law) degree, it such fix requirement indicate rules governing relations, well regulatory other applied case (by analogy arbitration presentation prosecutor proceedings). rule Article 128 Code Procedure Federation (CAP) concerning court refuse person accept claim, if its content violation his contested act authority, has been criticized. exclude this provision from CAP due contradiction position Constitutional Court Federation.