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Indian Experience in Administrative Justice: Prospects for the Formation of an Integrated Model of Administrative Justice in the Russian Federation

https://doi.org/10.24833/2073-8420-2025-4-77-75-81

Abstract

Introduction. The relevance of the study is de­termined by the need to improve the institution of administrative justice in the Russian Federation in the context of the increasing number of public law disputes and the need for specialized mechanisms for their resolution. The article analyzes the possibilities of applying the Indian experience of administrative tribunals in the formation of an integrated model of administrative justice in Russia. The author proposes to introduce the concept of a hybrid administrative process into scientific circulation and substantiates the feasibility of creating a system of administrative courts in Russia based on the adapted Indian experi­ence.

Materials and methods. The research materials include regulatory legal acts of the Republic of India and the Russian Federation, including the Constitu­tion of India of 1950, the Administrative Tribunals Act of 1985, the Code of Administrative Procedure of the Russian Federation of 2015, as well as decisions of the Supreme Court of India and the practice of vari­ous administrative tribunals. The works of Indian re­searchers M.P. Jain, S.N. Jain, I.P. Massey [5. P. 168] are used, devoted to the principles of administrative law, the works of C.K. Thakker on administrative pro­ceedings [6. P. 15], as well as publications by Russian authors in the field of administrative justice.

The research methods include the comparative le­gal method, the systemic-structural method, the for­mal legal method, and the legal modeling method.

Research results. The results demonstrate that the Indian model of administrative tribunals, despite existing shortcomings, contains elements applicable to the Russian legal system. Therefore, the author proposes a concept of integrated administrative jus­tice that combines the specialization of judicial bodies with the unification of procedural standards, which may improve the effectiveness of oversight of govern­ment agencies.

Discussion and conclusion. The Indian experi­ence of administrative proceedings demonstrates both positive and negative aspects of the functioning of a decentralized system of administrative tribunals. The application of Indian experience to the Russian legal system is possible provided it is adapted to the consti­tutional principles of organizing the judiciary and the specific features of Russian federalism.

About the Author

R. O. Miller
MGIMO-University
Russian Federation

Regina O. Miller, lecturer, the Department of Administrative and Financial Law

Moscow



References

1. Shmelev I.V., 2023. Administrativnaya yusticiya i yurisdikcionny`e organy` Indii: monografiya [Administrative Justice and Jurisdictional Bodies of India: Monograph]. Moscow.

2. Shtatina M.A., 2019. Administrativny`e reformy` v Indii [Administrative Reforms in India]. Trudy` Instituta gosudarstva i prava RAN [Compositions of the Institute of State and Law of the Russian Academy of Sciences]. № 1. URL: https://cyberleninka.ru.

3. Yakovlev P.Yu., 2019. Organizaciya i deyatel`nost` sudebnoj vlasti v Respublike Indiya: dissertaciya kandidata yuridicheskix nauk: 12.00.11 [Organization and Activities of the Judicial Authority in the Republic of India: Candidate of Sciences (Law) Dissertation: 12.00.11].

4. Chandrachud, Chintan, 2016. Proportionality, Judicial Reasoning, and the Indian Supreme Court. Anti-Discrimination Law Review (forthcoming). University of Cambridge Faculty of Law Research Paper No. 12/2016. URL: https://ssrn.com.

5. Jain M.P., Jain S.N. 2011. Principles of Administrative Law: set of 2 vol. New Delhi.

6. Thakker, C.K. 1996. Administrative Law. Lucknow: Eastern Book Company.


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For citations:


Miller R.O. Indian Experience in Administrative Justice: Prospects for the Formation of an Integrated Model of Administrative Justice in the Russian Federation. Journal of Law and Administration. 2025;21(4):75-81. (In Russ.) https://doi.org/10.24833/2073-8420-2025-4-77-75-81

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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)