THE ACTIVE ROLE OF THE COURT AS A GUARANTEE OF PRINCIPLE OF JUSTICE IN ADMINISTRATIVE PROCEEDING

Provision of the Administrative Court Procedure Code of the Russian Federation, foreseeing the duty of the court to be active at consideration and dispatch of business that guarantees the realization of the justice principle is studied. To analyze the influence of the court activity on the supporting of fair treatment and adjudgement, the evidence institute is chosen. It has universal procedural character in issue. The competitiveness principle in administrative proceedings is studied in detail and its correlation with the principle of justice. It is noted that while putting justice as a principle of administrative legal proceedings, the legislator obliges the court to follow not only the laws, but also moral and ethic requirements. It is concluded, that the final aim of proceedings is establishment of the truth, otherwise the results of proceeding will be of probable nature. At the same time it should be taken into account that the participants of cognitive activity (sides) have direct opposite interests, as they are not aimed at investigation of the truth but in all kinds of ways resist this pursuing their own benefit. Thus, the further study of the justice principle will allow to give more objective characteristics of moral and ethic origins, compiling in the administrative proceedings.

principle of justice, administrative proceeding, adversary character, active role of the court, abuse, fairness, principle of judicial guidance, truth