INSTITUTION OF ISSUE PRECLUSION IN MODERN DOMESTIC ADMINISTRATIVE LAW: EXPERIENCE OF THEORETICAL UNDERSTANDING

Abstract

The purpose of this article is to analyze the institution of issue preclusion in the context of domestic administrative law, focusing on its theoretical understanding and practical significance. The research methodology relies on systemic, historical, comparative legal, and doctrinal approaches. The study utilizes a comprehensive analysis of regulatory acts, decisions of the Constitutional Court of the Russian Federation, scientific publications by domestic authors, and the practice of foreign jurisdictions. The author focuses on the lack of a legal definition of issue preclusion in legislation, doctrinal disagreements regarding its nature and limits, and the lack of theoretical interest in international experience. The author analyzes existing interpretations of issue preclusion: as a principle of legal certainty; an instrument of procedural economy; and an independent institution. The significance of issue preclusion in administrative law is emphasized, noting the fundamental role of this institution in the unity of law enforcement and other issues. The discussion of the problem revealed that the identified challenges in the composition of the subjects, the scope of the institution’s activities, and its adaptation to e-justice help identify the degree of vulnerability in procedural mechanisms. A conclusion is made about the need for a comprehensive approach to the institution of issue preclusion, which should include an analysis of theoretical disagreements on the problem, as well as study of practical aspects influencing the development of administrative proceedings.