The Problem of Determining the Subjective Limits of the Prejudicial Connection of Judicial Acts in Administrative Proceedings

The subjective limits of the adjudicated relationship of judicial acts mean that the same persons are involved in both cases. The problem of determining the subjective limits of adjudication in administrative proceedings deserves attention because the subject of judicial activity in administrative proceedings is the verification of legality. As a result, the legal force of a court decision and all its properties are of special importance not only for an administrative plaintiff, but also for a wider range of persons. Therefore, this paper has highlighted the problem of extending the scope of adjudicative power to public bodies and an undefined circle of persons, since the main difficulties in determining subjective limits arise in these cases. When comparing the institution of prejudice in the Civil Procedural Code of the Russian Federation, the AIC of the Russian Federation and the CAS of the Russian Federation, qualitative differences in the application of the prejudicial relationship were revealed. This is due to the different subject matter of judicial activity, since in civil proceedings the subject matter of judicial activity is a dispute about the law and the court decision is important for persons who took part directly in the court proceedings. It is also necessary to make a reservation that public authorities cannot participate in civil proceedings in the same status as they participate in administrative proceedings, and the meaning of participation of an undefined circle of persons in various types of proceedings is changing. Thus, it is possible to speak about qualitatively different legal relations, therefore, the judicial acts' adjudicated relationship as to subjective limits should have different coverage of persons who participated in the case and are subject to the judicial act.