Pre-Trial Settlement of Administrative Disputes in Russia and Abroad

Abstract

The article analyzes the experience of pre-trial (extrajudicial) settlement of administrative disputes abroad and in Russia. Foreign experience shows the development of alternative methods for resolving disputes. To resolve conflicts in the world, there are various ways and forms. Their choice depends on the nature of the dispute. The main advantages of alternative ways of resolving administrative disputes may, depending on the case, be greater freedom of action of the parties, simpler and more flexible procedures that allow for faster and less costly dispute resolution, peaceful settlement, expert dispute resolution, dispute resolution in accordance with the principles of justice, and not only in accordance with strict legal rules. Alternative ways should allow a judicial review of the case, because it represents the ultimate guarantee of the protection of user rights and administration rights. The Russian practice allows for a predominantly departmental pre-trial settlement of administrative disputes. However, it is necessary to develop different forms of protection of citizens' rights, relying on the generalization of the experience of both foreign and domestic ones.