Administrative-jurisdictional process. Proceedings on administrative offenses
As a result of studying this chapter, the student must:
• Legal regulation of proceedings in cases of administrative offenses;
• The role of the US Administrative Code in establishing the procedure for proceedings in cases of administrative violations and ensuring the production of such cases;
• the status of participants in the proceedings for administrative offenses;
• the rights, duties and responsibilities of subjects of administrative jurisdiction;
• the main tasks and procedural norms at each stage of administrative proceedings;
• The role of judges of courts of general jurisdiction and judges of arbitration courts in ensuring lawfulness at all stages of proceedings in cases of administrative violations;
be able to
• determine the jurisdiction and jurisdiction of cases of administrative offenses;
• determine the composition of administrative offenses and the specifics of the proceedings in such cases;
• clearly distinguish the rights and obligations of subjects of administrative jurisdiction at each stage of the proceedings for administrative offenses;
• Apply the administrative and procedural rules on the limitation period for bringing to administrative responsibility, on the calculation of procedural terms in the proceedings for administrative offenses at all stages of production;
• work skills in taking cases of administrative offenses to production;
• the skills of drafting procedural documents, decisions, judgments and definitions at the relevant stages of the proceedings for administrative offenses;
• Ability to operate with official materials generalization of the practice of proceedings in cases of administrative violations.
Principles and stages of proceedings for administrative offenses
Administrative Offenses Proceedings is one of the types of administrative and jurisdictional proceedings and is a normatively established procedure for the implementation of procedural actions for the application of administrative liability measures in connection with administrative offenses.
In the Administrative Code of the United States, the principles of proceedings on administrative offenses, based on constitutional norms, namely
• ensuring lawfulness in the application of administrative coercion measures in connection with administrative violations (Article 188.8.131.52.1.8);
• the principle of equality of all before the law (Article 1.4);
• the presumption of innocence (Article 1.5);
• an objective and timely clarification of all the circumstances of the case (Article 24.1);
• the language of the proceedings in the case and the guarantee of the rights of citizens who do not know the language in which the production is conducted (Article 24.2);
• open consideration of the case of an administrative offense (Article 24.3);
• The right to appeal decisions and decisions on cases of administrative violations in court (Article 30.1-30.19).
The tasks of the proceedings for administrative offenses are:
• Comprehensive, complete, objective and timely clarification of the circumstances of each case;
• its permission in accordance with the law;
• enforcement of the ruling;
• Identify the causes and conditions that contributed to the commission of offenses (Article 24.1 of the Administrative Code of the United States).
The proceedings for administrative offenses consist of organically interrelated stages , each of which is characterized by specific rules establishing the rights and obligations of participants in the proceedings, the actions of judges, bodies, officials , authorized to carry out proceedings in cases of administrative offenses (Figure 3.1). The results of legal actions at each of the procedural stages give rise to legal consequences that entail further procedural movement of the case materials.
Fig. 3.1. Stages of proceedings for administrative offenses
The initial stage is filing a case . At this stage, legal actions are carried out (including the application, in necessary cases, of measures to ensure the production of cases on administrative offenses) aimed at clarifying the circumstances of the offense and the person of the offender, collecting the necessary evidence and processing the relevant materials. This stage ends with the direction of the protocol (the decision of the prosecutor) on an administrative offense for consideration in accordance with the established procedure by a body of administrative jurisdiction.
The second stage - the consideration of the case of an administrative offense - includes preparation for the consideration of the case, direct examination of the case and passing judgment on it.
The third stage - revision of decisions, decisions on cases of administrative violations . This stage is optional. It takes place in case of an appeal or protest against a ruling that has not entered into legal force, as well as a decree that has entered into force, and taken on complaints against decisions and decisions. In this case, the consideration of complaints on cases of administrative violations is carried out in accordance with the established US Code of Administrative Offenses (Articles 30.1-30.10, 30.12-30.19).
Execution of the decision on the case of administrative violation is the final stage of production. At the same time, issues related to the execution of the decision to impose an administrative penalty are resolved, in particular on the postponement, installment, suspension or termination of the resolution.
Taking into account the specifics of the implementation of production in various categories of cases of administrative violations, four main types can be identified: ordinary, accelerated, simplified and complicated (Figure 3.2).
Ordinary production is the most common type of production, including all stages of production.
Accelerated production is provided for violations of law, the commission of which entails administrative arrest, administrative suspension of activities or administrative penalties for violations of the requirements of legislation on elections and referendums. It is characterized by shorter terms for the consideration of the case, filing a complaint or protest against the decision to impose punishment, considering a complaint or protest, as well as the subsequent revision of the decision (Articles 29.6, 30.2, 30.5, 30.9 of the Code of Administrative Offenses).
Simplified production - is carried out in cases when a warning is issued and an administrative fine is imposed at the crime scene without drawing up a protocol (Article 28.6 of the Administrative Code of the United States). In this case, the first, second and fourth stages are merged together. To simplified type of production can also be attributed also introduced from 01.07.2008 proceedings on cases of administrative violations, the responsibility for which is provided gl. 12 of the Code of Administrative Offenses of the United States and is associated with violation of the Rules of the Road in case of their fixation by working in automatic mode with special technical means having the functions of photo- and filming, video recording, or by means of photo- and filming and video recording (see 4 p. 28.1, article 28.6 of the Code of Administrative Offenses of the United States).
Complicated production occurs when a set of measures to ensure the production of cases of administrative violations, as well as administrative investigation (Chapter 27, Article 28.7 of the Code of Administrative Offenses) .
Fig. 3.2. Types of production by the grandfathers about administrative violations
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