Principles of administrative responsibility: an unconventional view
Автор: Bezhentsev A.A.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Взгляд. Размышления. Точка зрения
Статья в выпуске: 2 (47), 2022 года.
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In this article the conceptual sources of legal responsibility are revealed, the conditionality of its existence is showed by fundamental philosophical laws and, on this basis, four basic principles that characterize administrative responsibility are formulated: the principle of absoluteness of implementation of the reaction, the principle of adequacy of reaction, the principle of objectivity of the assessment and the principle of truth of the assessment, which constitute the conceptual basis of a normative model of response to deviations from the legal norm. The author proposes optional principles of administrative responsibility: reliability of sources, competence of the subject of initiating a reaction, the need for grounds for initiating the reaction, sufficiency of the grounds for an objective assessment, formalization of the reaction procedure, proportionality of the level of normative detail of deviation and accuracy of determining the boundaries of a possible reaction, proper direction and effectiveness of the reaction.
Administrative responsibility, legal responsibility, chain of causality, fundamental laws of philosophy, principles of administrative responsibility, principles of legal responsibility, the principle of the absoluteness of implementation of the reaction, the principle of adequacy of the reaction, the principle of objectivity of the assessment, the principle of truth of the assessment
Короткий адрес: https://sciup.org/140295717
IDR: 140295717