行政法院活动透明原则的起源

Ye. V. Fedorenko
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引用次数: 0

摘要

行政法院活动的透明度和公开性原则的发展现状决定了其话题性,是否存在发展单一透明度类别的基础,该类别涵盖了这两个概念以及它们之间的联系。本文的目的是描述透明度作为行政法科学概念的发展历程,确定其在行政法院活动领域的特征,并在此基础上确定进一步研究行政法院活动领域透明度问题的科学途径。通过使用具有一般科学性质和具体法律性质的复杂方法,实现这一目标成为可能。同时考虑到科学客观性的要求。因此,形式教条主义方法的应用使得澄清所应用的概念和范畴的内容成为可能。运用系统论的方法,将行政法院的工作管理作为一个系统来研究。这样就有可能审查这一制度的组成部分以及它们之间的联系,作为进一步研究行政法院活动透明度问题的基础。形式逻辑方法的应用使得对研究的基本范畴进行比较分析成为可能。对有关概念以及关于检察官办公室和行政当局的活动的透明度概念的科学意见的实际发展方向进行了分析。在此基础上,论文对行政机关和检察机关活动中透明度概念的逐渐趋同,这些概念的共同特征数量的增加进行了论证。有证据表明,司法机构活动的透明度主要是在克服司法机构作为苏联遗产而关闭的情况下考虑的,而对司法机构活动的实际具体情况却没有给予应有的注意。根据研究结果,对司法权领域透明度的特殊性作出了结论,并确定了进一步研究这一问题的途径和进一步发展行政法院活动透明度的因素。
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Genesis of the Principle of Transparency in the Activities of Administrative Courts
The topicality is determined by the current state of development of the principles of transparency and openness of the activity of administrative courts, the existence of a basis for the development of a single category of transparency, which covers both concepts, as well as the connections between them. The purpose of the article is to provide a description of the development of transparency as a concept of the science of administrative law, to determine its features in the field of activity of administrative courts, and to define, on this basis, a scientific approach to further research on the issue of transparency in this area. Achieving this goal became possible through the use of a complex of methods of both general scientific and specifically legal nature. At the same time, the requirements of scientific objectivity are taken into account. Thus, the application of the formal-dogmatic method made it possible to clarify the content of the applied concepts and categories. With the application of the system method, the administration of the work of administrative courts as a system is presented. This made it possible to examine the elements of this system and the connections between them as a basis for further research into the issue of transparency in the activity of administrative courts. The application of the formal-logical method made it possible to carry out a comparative analysis of the fundamental categories of the study. The vectors of the actual development of scientific opinion regarding related concepts, as well as the concept of transparency - regarding the activities of prosecutor's offices and executive authorities, are analyzed. On this basis, the thesis about the gradual convergence of the concepts of transparency in the activities of the executive authorities and prosecutor's offices, the increase in the amount of common features in these concepts is substantiated. It is substantiated that the transparency of the judiciary's activity is considered, mainly, in the context of overcoming the closure of the judiciary as a Soviet legacy, while due attention is not paid to the actual specifics of the judiciary's activity. Based on the results of the research, conclusions were formulated regarding the specificity of transparency in the field of judicial power, and the vectors of further research into this issue and the factors of further development of transparency regarding the activity of administrative courts were determined.  
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