Positivist classification of the principles of administrative proceedings in Russia and Armenia – a comparative legal analysis

Аннотация

   Comparative research is one of the promising areas of development of modern jurisprudence. Russian and Armenian law have common roots, with their shared historical background as members of the continental (Roman-German) legal family. The authors of the present paper compare the principles of administrative proceedings in Russia and Armenia and propose a positivist classification of the relevant principles. The authors analyze the Russian and Armenian codes of administrative proceedings and make a comparative review of them, highlight some of their problems and the difficulties of realizing these norms in practice, and suggest ways to improve the codes. The constitutional principles of administrative proceedings, some of which are duplicated in codes while some are not, are also reviewed. It is hardly worth mentioning that the extraction of constitutional principles from a particular branch of law is always difficult as the legislators of Russia and Armenia are not guided by the concept of “principle” in the drafting their respective Constitutions.