Classification of subjects of proof in cases on administrative law offenses
Автор: Baklanov V.O.
Журнал: Вестник Российского нового университета. Серия: Человек и общество @vestnik-rosnou-human-and-society
Рубрика: Юридические науки
Статья в выпуске: 3, 2024 года.
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The article addresses the current problem of classification of subjects of proof in cases of administrative offenses. Administrative offenses, as well as the process of proceedings on cases of this category from the position of doctrine is not developed at a high enough level. Comparison of modern approaches to implementation of proof in cases of administrative offenses with proof in the framework of other legal proceedings allows to assert that there are significant differences, which ultimately are reflected in legal regulation and law enforcement practice. Within the studied category of cases, the concept of burden of proof is practically not used, and the rights of subjects who have the obligation to prove any circumstances relevant to the case have not been sufficiently developed to provide an adequate protection, so that each participant of proceedings on cases of violations of administrative law could defend his/her own position using available and fixed at the normative level tools. The existing classifications of subjects of proof in cases of administrative offenses are controversial, because they imply the inclusion among them the court, and persons assisting in administration of justice, which can be disputed. The given arguments indicate the relevance of the subject of research, the necessity to analyze the subject composition of proof in cases of administrative offenses, to reveal the insufficiency of legal regulation and determine the possibility of improvement of the current legal norms. According to the results of the conducted research, the author expresses his view on the classification of subjects of proof.
Legal regulation, administrative offense, administrative responsibility, guilt, subject of responsibility, composition of administrative offense, subject of evidence, public coercion
Короткий адрес: https://sciup.org/148329113
IDR: 148329113 | DOI: 10.18137/RNU.V9276.24.03.P.081