MANIFESTATION OF EXCESSIVE FORMALISM DURING THE CONSIDERATION OF AN ADMINISTRATIVE CASE BY THE COURT OF FIRST INSTANCE

Abstract

The article examines procedural and excessive formalism in administrative proceedings. It is found that procedural formalism should be understood as the requirement of strict compliance with the norms, primarily procedural law, during the consideration of a case, which applies not only to the administrative court, but also to all other participants in the judicial process. Formalism in administrative proceedings helps to ensure the predictability of legal relations and the application of the law, compliance with the principles of the rule of law, fairness, accessibility of justice, etc. An overly formal attitude to the requirements established by law (excessive formalism) can lead to restrictions on the right to access to court, violation of the principles of fairness and the rule of law. It is proven that the task of administrative proceedings is implemented in a certain procedural form in compliance with the formalism established by the norm of law. Clarification of cases of excessive formalism as a negative phenomenon in jurisprudence is extremely necessary in order to prevent it during the administration of justice by an administrative court. The main manifestations of excessive formalism are the creation by the court of procedural obstacles during the implementation of procedural norms by the participants in the case when resolving issues regarding the acceptance of the statement of claim for consideration, securing the claim, preparing the case for trial, trial of the case, adoption of a court decision, as well as notification (summons) of the consideration of the case in court, execution of procedural documents, in particular regarding confirmation of the powers of the representative, production of copies of documents, confirmation of payment of the court fee, sending a copy of procedural documents by the party to other participants in the case, conducting video conferences, compliance with and renewal of procedural deadlines, etc. The administrative court as a subject of justice must create conditions for the proper exercise by the parties of their procedural rights.