DELIMITATION OF THE JURISDICTION OF CIVIL AND ADMINISTRATIVE PROCEEDINGS

The article examines the issues of classifying a category of disputes to administrative or civil jurisdiction. The main features and characteristics of administrative procedural law in comparison with the civil procedural law are noted. The analysis of recent case law on the misapplication of the rules of procedural legislation on the jurisdiction of civil and administrative cases makes the study unique. The special attention is paid to the disputes where one of the parties is the subject of authority, as in practice this category of disputes becomes the object of the greatest number of mistakes in definition of jurisdiction. The author analyses changes in the terminological triad relating to all spheres of the civil procedure: competence, jurisdiction, responsibility. The article deals with the legislatively established right of the general jurisdiction court to decide on the initiation of civil or administrative proceedings based on the applicable law at its own discretion, which should not limit the right of the applicant to have the case tried in the procedural order it expects and which most appropriately embodies the substance of the legal relations that have arisen. The lack of legally defined criteria for distinguishing between civil and administrative law disputes provides the relevance of the work. The practical relevance of the findings is in the value of the findings to the judiciary and to litigants. The main conclusions made in this paper are that it is necessary to define the criteria for distinguishing between civil and administrative jurisdiction.

administrative procedure, civil procedure, court proceedings, jurisdiction, competence of a court, private legal relations, public legal relations, court, claimant, public authority

Antipina A. A. Delimitation of the jurisdiction of civil and administrative proceedings. Business. Education. Law, 2022, no. 2, pp. 160—163. DOI: 10.25683/VOLBI.2022.59.246.