Stepanova, O.A. Administrative process and administrative jurisdiction: definition, characteristic features, correlation

Abstract: The article contains analysis of the key existing approaches towards understanding the category “administrative process” (administrative and jurisdictional concept), its correlation with the term “administrative jurisdiction”, and the author also expresses her view on these issues. In particular, she offers her definition of the term “administrative process”, as based on the following elements: administrative process is law-enforcement activity; administrative process regards examination of conflicts (including disputes); the said disputes have administrative legal character; in the administrative process the dispute is resolved by an an independent arbitrator, being either an administrative body or a court; administrative process has certain goal. The author also follows a narrow (jurisdictional) approach towards administrative process, noting that this approach may be called jurisdictional only in combination with the understanding of the term “jurisdiction” as an activity of administrative bodies or court on examination of conflict s(disputes) as a third party with no interest in the outcome of the case. In such a case the entire administrative process should be recognized as jurisdictional, and it becomes synonymous to the narrow approach towards the understanding of the administrative process.

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