Court proceedings for imposition of administrative sanctions
https://doi.org/10.24147/2542-1514.2018.2(3).110-116
Abstract
The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.
The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.
Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.
The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.
The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used.
"Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.
The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.
Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.
About the Author
L. Terekhova
Dostoevsky Omsk State University
Russian Federation
Doctor of Law, Professor, Honoured worker of Higher education, Head, Department of Civil and Arbitrary Procedure. SPIN-code: 1478-7958; AuthorID: 678373.
Russian Federation
Doctor of Law, Professor, Honoured worker of Higher education, Head, Department of Civil and Arbitrary Procedure. SPIN-code: 1478-7958; AuthorID: 678373.
References
1. Romanov A.A. A relationship between the proceedings related to administrative offences and the administrative proceedings. Rossiiskii yuridicheskii zhurnal = Russian Juridical Journal, 2017, no. 1, pp. 131–136. (In Russ.).
2. Gromoshina N.A. On the Unity of the Procedure and the Role of Administrative Proceedings in the Russian Law System: Continuation of the Discussion. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2018, no. 3, pp. 42–46. (In Russ.).
3. Starostin S.A. On necessity and ways of improvement of the legislation on administrative law violations. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2014, no. 3, pp. 72–75. (In Russ.).
4. Stakhov A.I. On Some Issues of Judicial Review of Administrative Cases Related to Exercise of State Control and Supervision. Administrativnoe pravo i protsess = Administrative Law and Procedure, 2017, no. 10, pp. 42–47. (In Russ.).
5. Voskobitova L.A. Legal Proceedings in Administrative Cases and their Place in the Judiciary System. Mirovoi sud'ya = Magistrate judge, 2017, no. 2, pp. 28–34. (In Russ.).
6. Gukasyan G.E (ed.). Arbitration process. Moscow, Prospekt Publ, 2006. 444 p. (In Russ.).
7. Argunov V.V. About the “indisputable“ aspects of the draft Code of administrative proceedings. Arbitrazhnyi i grazhdanskii protsess = Arbitrazh and Civil Procedure, 2014, no. 4, pp. 39–44. (In Russ.).
8. Gromoshina N.A. The Code of Administrative Proceedings: the evaluation of the prospects. Vestnik grazhdanskogo protsessa = Herald of Civil Procedure, 2013, no. 3, pp. 47–57. (In Russ.).
9. Zagrivko D.S. Some Problems of Realization of Right to Defense in Administrative Procedure. Sovremennoe pravo = The Modern Law, 2014, no. 11, pp. 94–100. (In Russ.).
10. Uporov D.A., Shkolyarenko E.A. On the Jurisdiction of Commercial Courts over Administrative Offence Cases. Arbitrazhnyi i grazhdanskii protsess = Arbitrazh and Civil Procedure, 2018, no. 5, pp. 42–46. (In Russ.).
11. Reshetnikova I.V. (ed.). The practice of application of Arbitration procedure code of the Russian Federation, 2nd ed. Moscow, Yurait Publ., 2012. 492 p. (In Russ.).
12. Panova I.V. Problems of Administrative Case Hearings. Vestnik Vysshego Arbitrazhnogo Suda Rossiiskoi Federatsii, 2012, no. 4, pp. 78–108; no. 5, pp. 12–46. (In Russ.).
13. Papulova Z.A. Accelerated forms of consideration of cases in civil proceedings, Cand Diss. Thesis. Yekaterinburg, 2013. 26 p. (In Russ.).
Review
For citations:
Terekhova L. Court proceedings for imposition of administrative sanctions. Law Enforcement Review. 2018;2(3):110-116. https://doi.org/10.24147/2542-1514.2018.2(3).110-116
Views:
618
Email this article 