FUNDAMENTALS FOR CONSIDERATION OF CASES IN ADMINISTRATIVE PROCEEDINGS FOR TYPES OF CLAIMS NOT PROVIDED BY LEGISLATION

Abstract

One of the effective legislative guarantees of addressing the right to effective judicial protection and fair trial is the proper regulation of the claim institute. The stage of bringing an action in administrative proceedings is characterized by the definition of the types of claims, which within the context of the administrative proceedings of the RA, limit the right of the person to apply to the Court, which leads to a number of problems at the scientific-practical level. The article discusses such questions, that lead to the disclosure of the origin of the claim institute in the administrative procedure, the problems of the ratio between the right to a fair trial and the applicability of the institute of claim, the role of the court within the context of the  selection of the proper claim type, as well as the consideration in court of those claims that do not correspond to the types of claims determined by the Administrative procedural code of the RA, including the claims brought by state bodies, and study of legislative gaps. A significant part of the article is also devoted to the analysis of foreign experience and models used in different countries.