Genesis of the Principle of Transparency in the Activities of Administrative Courts

Abstract

The topicality is determined by the current state of development of the principles of transparency and openness of the activity of administrative courts, the existence of a basis for the development of a single category of transparency, which covers both concepts, as well as the connections between them. The purpose of the article is to provide a description of the development of transparency as a concept of the science of administrative law, to determine its features in the field of activity of administrative courts, and to define, on this basis, a scientific approach to further research on the issue of transparency in this area. Achieving this goal became possible through the use of a complex of methods of both general scientific and specifically legal nature. At the same time, the requirements of scientific objectivity are taken into account. Thus, the application of the formal-dogmatic method made it possible to clarify the content of the applied concepts and categories. With the application of the system method, the administration of the work of administrative courts as a system is presented. This made it possible to examine the elements of this system and the connections between them as a basis for further research into the issue of transparency in the activity of administrative courts. The application of the formal-logical method made it possible to carry out a comparative analysis of the fundamental categories of the study. The vectors of the actual development of scientific opinion regarding related concepts, as well as the concept of transparency - regarding the activities of prosecutor's offices and executive authorities, are analyzed. On this basis, the thesis about the gradual convergence of the concepts of transparency in the activities of the executive authorities and prosecutor's offices, the increase in the amount of common features in these concepts is substantiated. It is substantiated that the transparency of the judiciary's activity is considered, mainly, in the context of overcoming the closure of the judiciary as a Soviet legacy, while due attention is not paid to the actual specifics of the judiciary's activity. Based on the results of the research, conclusions were formulated regarding the specificity of transparency in the field of judicial power, and the vectors of further research into this issue and the factors of further development of transparency regarding the activity of administrative courts were determined.