Codification of legislation on administrative responsibility: a modern concept
Автор: Bezhentsev Alexander A.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Административное право. Административный процесс
Статья в выпуске: 2 (101), 2022 года.
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Introduction: codification lies in the fact that it is a form of radical reworking of existing regulations in a certain area of relations, a way of qualitatively streamlining legislation, ensuring its consistency and compactness, as well as clearing the normative array, freeing it from obsolete, unjustified norms. In the process of codification, the compiler seeks to combine and systematize the existing norms, as well as rework their content, set out the regulatory requirements clearly and internally, taking into account the realities of the time, to ensure the maximum completeness of the regulation of the relevant sphere of relations. The codification of the legislation on administrative responsibility should be aimed at critically rethinking the existing norms, eliminating contradictions and inconsistencies between them. Materials and Methods: the methodological basis of the scientific article was general (analysis, synthesis, deduction, induction), particular scientific (structural analysis), as well as special methods (formal legal and legal modeling) of scientific knowledge, substantiating the expediency of the conceptual codification of legislation on administrative responsibility. The results of the Study: systematization means bringing a certain set of elements into a system, the key point of which will be the establishment of systemic links between its elements. Two possible ways of systematizing the legislation on administrative responsibility are considered. The first of these is “solid codification”, in which case systemic links are created by providing a set of norms of a single form in the form of a code, which will include all relevant norms. The second method is “conceptual codification”, which aims not to combine absolutely all the norms related to administrative responsibility in one legal act, but to create a single, logical and stable regulatory structure of administrative responsibility based on a system of relevant principles, therefore, in this way it is possible to a large extent extent to eliminate the gaps that currently exist in the current laws establishing administrative responsibility. Findings and Conclusions: in order to minimize conflicts, inconsistencies and gaps in legal regulation, the conclusion is substantiated that it is expedient to systematize the legislation on administrative responsibility in the form of codification, for which it is necessary to create the concept of the corresponding codified act, on the basis of which it is possible to carry out the required systematization work. It is concluded that it is necessary to codify the legislation on administrative responsibility by the method of conceptual codification, the advantage of which can be considered that as a result of its implementation, on the one hand, the systemic nature of the norms contained in legislative acts regulating various spheres of public relations and at the same time containing norms on administrative responsibility is not violated. responsibility in these areas, and on the other hand, on the basis of a system of relevant principles, a new system of norms for the institution of administrative responsibility is being created.
Administrative legislation, administrative offense, subjects of administrative offenses, administrative responsibility, normative structure of administrative responsibility, institute of administrative responsibility, continuous codification, conceptual codification, principles of administrative responsibility
Короткий адрес: https://sciup.org/143178857
IDR: 143178857 | DOI: 10.55001/2312-3184.2022.75.25.019