THE ISSUES OF PROCEDURAL GUARANTEES TO ENSURE THE VALIDITY OF PEOPLE’S WILL WHEN VOTING AND PRACTICE OF APPLICATION OF THE ADMINISTRATIVE COURT PROCEEDINGS CODE OF THE RUSSIAN FEDERATION

Abstract

The article considers the standards of the Administrative Court Proceedings Code of the Russian Federation adopted on September 15, 2015 and focuses on the practice of their application. The judicial practice in cases of distortion of the will of people receives critical evaluation. The types of procedural guarantees to ensure the validity of the will of people when voting are proposed. The warranty of this kind in the first place should be aimed at: 1) independent, not limited to formal requirements, initiation of a citizen’s suit against the state; 2) production of evidence by citizens themselves, its unrestricted investigation in court, assistance in submitting the evidence to the party, inadmissibility of blocking the actions of citizens in their proving the circumstances of the case; 3) coercion of the state to prompt the disclosure of its evidence; 4) liability of the state in case of adjudication not in citizen’s favor for ill-performing procedural duties; 5) independence of the court.