Annotation

In administrative proceedings, there is no procedure for restoring lost court proceedings, which is available in civil proceedings and relates to cases of special proceedings. Filling this gap has led to the application of the norms of the Civil Procedure Code of the Russian Federation by analogy with the procedural law in the sphere of administrative proceedings. The author notes the insufficiency of this approach and the need to enshrine a separate procedure for restoration in the Code of Administrative Procedure of the Russian Federation. The rationale is based on the following features of the restoration of administrative cases: a shorter time period elapsed from the moment the right was violated to the moment judicial protection was granted; a higher likelihood of preserving evidence, procedural acts, and other case materials due to the public nature of the activities of government bodies, which are obliged to organize document flow, unlike private individuals; and the active evidentiary stance of the government body and the court, which involves a flow of evidentiary material; In one way or another, it is under the control of these entities; a more dynamic execution of judicial acts in administrative cases, which is usually accompanied by the obligation to provide the court with a report on the execution. Along with establishing an independent procedure for restoring lost judicial proceedings in administrative proceedings, the author proposes to provide for the restoration of an administrative case as an element of the evidentiary procedure, which is applied when considering another case whose circumstances require the restoration of an interrelated case.