JUDICIAL REVIEW OF ADMINISTRATIVE ACTIVITY IN THE SOVIET UNION

• NCJ Number: 51351
• Author(s): G B SMITH
• Date Published: 1977
• Length: 30 pages
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: PREPARED FOR PRESENTATION AT THE NATIONAL CONFERENCE OF THE AMERICAN SOCIETY FOR PUBLIC ADMINISTRATION, ATLANTA (GA), MARCH 30-APRIL 2, 1977

Annotation

THE JURISDICTION OF SOVIET COURTS IN REVIEWING ADMINISTRATIVE ACTIVITY IS EXAMINED, ALONG WITH ATTEMPTS TO EVALUATE THE EFFICACY OF JUDICIAL REVIEW AS IT IS PRACTICED IN THE UNION OF SOVIET SOCIALIST REPUBLICS.

Abstract

IT IS INDICATED THAT SOVIET LAW DEFINES JUDICIAL REVIEW AS THE DIRECT INVESTIGATION BY THE COURT OF THE LEGALITY AND WELLFOUNDEDNESS OF INDIVIDUAL LEGAL ACTS AND ACTIONS OF ADMINISTRATIVE OFFICIALS, WITH THE AIMS OF PROTECTING THE RIGHTS AND INTERESTS OF STATE ORGANS, SOCIAL ORGANIZATIONS, AND CITIZENS. COURT CONTROL OF ADMINISTRATIVE ACTIVITY IN THE SOVIET UNION IS ESTABLISHED SOLELY IN STATUTORY PROVISIONS. IT IS SHOWN, HOWEVER, THAT THE SCOPE OF ACTIVITY OF THE COURTS IN CONTROLLING ADMINISTRATIVE VIOLATIONS IS QUITE RESTRICTED. CITIZENS ONLY HAVE RECOURSE TO THE COURTS WHEN THE DISPUTE CONCERNS THE VIOLATION OF THEIR RIGHTS BY THE ACTIONS OF AN OFFICIAL, ACTING IN AN OFFICIAL CAPACITY, WHEN THE DISPUTE CONCERNS A DEFINITE NORM OF LAW; THEREFORE, THERE IS NO LEGAL FOUNDATION FOR THE COURTS TO HEAR COMPLAINTS REGARDING DISCRETIONARY DECISIONS, BUREAUCRATISM, RUDENESS, RED TAPE, OR SIMILAR ACTIONS OF ADMINISTRATION, SINCE NO LEGAL NORM IS VIOLATED. IN PRACTICE, SOVIET JURISTS RECOGNIZE TWO STANDARDS IN CONSIDERING WHETHER OR NOT TO INITIATE ACTION IN DEFENSE OF A CITIZEN'S RIGHTS: (1) THE IMPORTANCE OF THE PROTECTED RIGHTS; AND (2) THE DEGREE OF DAMAGE INCURRED AS A RESULT OF THE VIOLATION. WHILE THE SCOPE OF COURT JURISDICTION IN SUCH DISPUTES IS LIMITED, DATA SHOW A HIGH PERCENTAGE OF RESOLUTION OF THESE DISPUTES IN FAVOR OF AGGRIEVED CITIZENS. IN 1967, THE SUPREME SOVIET CREATED A COMMISSION TO CODIFY LEGISLATION ON ADMINISTRATIVE REPONSIBILITY. THE CHAIRMAN OF THIS COMMISSION HAS INDICATED THAT THE CODIFICATION WORK IS ALMOST COMPLETE AND WILL RESULT IN THE BROADENING OF POWERS OF ADMINISTRATIVE COMMISSIONS. THREE POSITIONS ESPOUSED BY COMMISSION MEMBERS REGARDING THE JUDICIAL HANDLING OF VIOLATIONS UNDER THE NEW LEGISLATION ARE BRIEFLY PRESENTED. THIS CODIFICATION OF ADMINISTRATIVE RESPONSIBILITY AND SERIOUS THOUGHT REGARDING MORE EFFECTIVE HANDLING OF DISPUTES ARISING FROM CITIZEN AND STATE ADMINISTRATIVE INTERACTION IS CONSIDERED TO BE AN IMPORTANT STEP TOWARD THE EXTENSION OF COURT JURISDICTION IN THIS AREA. (RCB)