On terms in proceedings on the case of administrative infringement
Автор: Novichkova Elena E., Pestov Roman 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 : the article is devoted to certain theoretical and practical aspects of the administrative-tort process, in particular procedural terms, their types, problems related to the practice of application. Based on the analysis of published scientific works, the problems of legislative regulation of proceedings in cases of administrative offenses, as well as applied knowledge, the article deals with the problems of procedural terms in administrative tort law. Materials and methods : the scientific basis is the analysis of the positions of administrative scientists, legislation on administrative offenses (in particular, the Code of Administrative Offenses of the Russian Federation), judicial acts. The methodological basis of the work is the general dialectical method of scientific knowledge, analysis, comparative legal methods, generalization. The result of the study made it possible to identify a number of problematic issues in the proceedings on cases of administrative offenses, expressed in the application of rules that establish intervals or points in time with which the need to perform procedural actions is associated. Findings and Conclusions: considering the application of the norms of administrative procedural law in terms of regulating the procedure for bringing to administrative responsibility, we can draw conclusions about the need to bring individual procedural deadlines into line by amending the Code of Administrative Offenses of the Russian Federation. From the reasoning, it becomes obvious the need to unify the forms of proceedings in the case of an administrative offense, excluding the administrative investigation, which will streamline the array of procedural terms, eliminating the ambiguity in the perception of the norms of the Code of Administrative Offenses of the Russian Federation; changing the procedure for applying individual measures to ensure production; legislative consolidation of individual definitions that determine the time limits of legal proceedings.
Proceedings, administrative offense, procedural terms, administrative and tort law, administrative process, statute of limitations
Короткий адрес: https://sciup.org/143178858
IDR: 143178858 | DOI: 10.55001/2312-3184.2022.87.44.020