Administrative Tort Proceedings

This article examines administrative proceedings in courts of general jurisdiction (hereinafter referred to as Proceedings), taking into account the procedural innovations in the Code of Administrative Offenses of the Russian Federation and the legislative developments in the CIS countries. The author believes that Proceedings, as a procedure for imposing administrative liability by the court, have expanded to include judicial authorization of various administrative coercive measures and the resolution of related procedural issues. Proceedings beyond the consideration of administrative offense cases include appeals against decisions refusing to initiate such cases; petitions to extend the 48-hour period for placing a person in a special facility; petitions to extend the 90-day period for deportation of a person in a special facility; petitions to enforce deportation orders immediately, and other matters. The author characterizes this emerging phenomenon as administrative-tort judicial proceedings. In this regard, it is proposed to divide the administrative-jurisdictional process as a type of administrative process into subtypes: administrative-tort judicial proceedings and non-judicial administrative jurisdiction.