Problems of the substantive characteristics of administrative procedural legal relations: issues of general procedural and constitutional legal theory
The aim of the work is to study the phenomenon, the meaning of which determines the essence of administrative procedural legal relations, namely, the content of administrative procedural legal relations based on the ideas of the general theory of law on the content of legal relations, taking into account the peculiarities of the sectoral orientation of the norms of administrative procedural and substantive administrative law. Accordingly, the tasks of the work are: determination of the nature of procedural law and procedural obligations in the administrative process, their types and relationships in relation to the characteristics of the participants in the administrative process.The goals and objectives of the work determined the research methodology, which is based on general philosophical heuristic methods, as well as the method of comparative analysis, system-structural method.The principal result of this work is the idea that the model of the relationship between the rights and obligations of the parties in the administrative procedural legal relationship can be multivariate. The duty of the subject opposing him in the process does not always correspond to the procedural law of a person. In addition, the absence of a procedural obligation does not deprive a person of his procedural right. The composition and balance of specific procedural rights and obligations in the administrative process depends on the type of proceedings, the nature of participation in the case and the nature of the right and obligation itself. Taking into account the fact that the judicial administrative process is built according to the classical paradigm of jurisdictional proceedings, part of the rights and obligations in the process arise before the court, and not before the opposing procedural subject.