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On some problems of administrative and civil proceedings in cases of liquidation and prohibition of the activities of religious organizations

https://doi.org/10.31429/20785836-15-3-47-52

Abstract

The aim of the work is to highlight the issue of the correlation between the application of civil procedural rules and the norms of the Code of Administrative Procedure of the Russian Federation when considering cases on the termination of the activities of religious organizations. It cannot be said that this is an absolutely new direction of research, but the practice of applying the norms under study makes it necessary to give them a proper theoretical and practical assessment. An attempt is made to highlight a more general problem of the relationship between civil and administrative processes using a particular example.
The objectives of the work include the illustration and analysis of theoretical, research, as well as the practice of applying procedural norms in connection with the decision on the termination of the activities of religious organizations.
Various grounds for terminating the activities of religious associations may have a different sectoral nature, however, legal proceedings in this category of cases are not differentiated between the norms of the Code of Civil Procedure of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, as in cases with other non-profit organizations.
The thesis is proved that the division of procedural norms is secondary, derived from the grounds for the termination of the activities of religious organizations. At the same time, going to court in accordance with the Code of Civil Procedure of the Russian Federation is not a prerequisite for the liquidation of a religious organization, but may be the result of disagreements in the governing body of a religious organization.

About the Authors

E. B. Luparev
FGBOU VO "Kuban State University"
Russian Federation

Evgeniy B. Luparev

Dr. of Sci. (Law), Professor, Academician of the Eurasian Academy of Administrative Sciences, Deputy Dean of the A.A. Khmyrov Faculty of Law for Research, Head of the Department of Constitutional and Administrative Law

Stavropol str., 149, Krasnodar, Russia, 350040

Author ID: 57200337167 

ResearcherID: AAY-9983-2021



Yu. A. Popova
FGBOU VO "Kuban State University"
Russian Federation

Yulia A. Popova

Dr. of Sci. (Law), Professor, Professor of the Department of Civil Procedure and International Law

Author ID: 671457

Stavropol str., 149, Krasnodar, Russia, 350040



V. I. Tretyakov
FGBOU VO "Kuban State University"
Russian Federation

Vladimir I. Tretyakov

Dr. of Sci. (Law), Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Constitutional and Administrative Law

Stavropol str., 149, Krasnodar, Russia, 350040

AuthorID: 453765



References

1. Agapov A.B. [Property disputes in administrative proceedings]. Administrativnoe pravo i protsess = Administrative law and process. 2019;(9):20–25. (In Russ.)]

2. Martynov A.V. [Participants in administrative proceedings: the concept, types and comparative characteristics with other participants in court proceedings]. Administrativnoe pravo i protsess = Administrative law and process. 2015;(11):53–62. (In Russ.)]

3. Starilov M.Yu. [Measures of preliminary protection in an administrative claim: theory, judicial practice, problems, effectiveness]. Moscow: Norma; 2022. DOI: 10.12737/1870236. (In Russ.)]

4. Tarasevich I.A. [Constitutional and legal status of the Russian Orthodox Church in the Russian Federation]. Konstitutsionnoe i munitsipal'noe parvo = Constitutional and municipal law. (In Russ.)]


Review

For citations:


Luparev E.B., Popova Yu.A., Tretyakov V.I. On some problems of administrative and civil proceedings in cases of liquidation and prohibition of the activities of religious organizations. Legal Bulletin of the Kuban State University. 2023;(3):47-52. (In Russ.) https://doi.org/10.31429/20785836-15-3-47-52

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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)