Civil or Administrative: Transition from One Type of Proceedings to Another during Commencement Stage

Abstract

Federal Law 451-FZ has introduced new institutions represented by transformational procedures to the norms of the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation. These procedures provide for the possibility of transition from civil proceedings to administrative and vice versa. The study featured the transformation procedures that arise at the stage of initiating proceedings on a case and their optimizations. One type of legal proceedings may transform into another at an early stage in accordance with Article 33.1 of the Civil Procedure Code of the Russian Federation and Article 16.1 of the Code of Administrative Procedure of the Russian Federation. However, the protocol for procedural registration lacks strict regulations in the current procedural legislation. A number of standard research methods revealed the irrationality of the priority of civil proceedings over administrative proceedings as they compete. This approach questions the decision to allocate administrative proceedings into an independent procedural form of protection of violated or disputed rights. Many unresolved issues arise when changing the type of legal proceedings. The author believes that the type of legal proceedings should be defined at the stage of application. A timely correction of the error made by the applicant makes it possible to avoid many adverse procedural consequences, including time-intensive transfers, appeals, trial de novo, etc.

Keywords

• accessibility of justice
• types of legal procedures
• civil procedure
• administrative procedure
• changing the type of legal procedure
• case transfer by jurisdiction