General characteristics of the procedural form of proceedings...

General characteristics of the procedural form of proceedings for administrative offenses

In accordance with the provisions of legal theory, legal processes, acting as a variety of social processes, are divided into species, among which the administrative process is also singled out. Along with the features common to all legal processes, it has its own specific features, among which the most important is its following property: on the one hand, the administrative process is a kind of legal process and has all the inherent features of the latter, on the other - it is a kind of managerial (executive) activity (accordingly, two approaches to his understanding - managerial and jurisdictional) are singled out. Being the most global of legal processes, the administrative process is divided into the process of administrative lawmaking, law-based and administrative-jurisdictional. At the same time, each of these types of administrative processes is a system of smaller procedural forms - administrative productions, which are understood as a normatively regulated type of activity or procedure for performing procedural actions ensuring the legal and objective examination and resolution of individual administrative cases united by an object.

Thus, administrative production differs from each other mainly in the content of the tasks to be solved, which is fixed in the name of a particular administrative production. Within the administrative-jurisdictional process, several productions are singled out (their number and names vary from three to five or nine for different authors), among which the proceedings for administrative offenses are distinguished by their greatest procedural characteristics and maximum equipment with the codified act of the US Code of Administrative Offenses. Perhaps, in view of this, when considering administrative jurisdiction, its content is often reduced to proceedings on administrative offenses. In this regard, it is noted that at present there is no unified opinion on the definition of the concepts of "proceedings on administrative offenses" and "administrative jurisdiction", the former is often replaced by the second. It seems that this is caused by a confusion of concepts, the principal difference of which is that the jurisdiction as such is primarily a system of state-power authorities, and production is a kind of procedural activity. If we delineate the definition of the term "administrative jurisdiction" only as the set of authorities of the relevant subjects for reviewing and resolving cases of administrative violations established by regulatory legal acts, the practical implementation of such powers will be administrative and jurisdictional activity that is the implementation of one of the stages of proceedings in the case of administrative offenses, namely, the stage of consideration of the case and making a decision on it.

Thus, in the structure of the administrative process, the proceedings for administrative offenses are an element of the third level: 1) the administrative process; 2) administrative and jurisdictional process; 3) proceedings in cases of administrative offenses). However, with other approaches to classification, another fragmentation is possible: 1) the administrative process; 2) law enforcement process; 3) the enforcement of coercive measures; 4) proceedings in cases of administrative offenses. In this case, the specified production will be an element of the fourth level.

Based on the existing definitions of proceedings on cases of administrative violations, it is possible to propose the following definition, accumulating its most essential characteristics: it is the activity of authorized entities (state bodies and (or) their officials) in attracting perpetrators (physical and legal) to administrative responsibility (imposition of administrative penalties). At the same time, it is essential that this activity is carried out in an administrative procedural form.

Under the form of management is understood the externally expressed effect of the executive body (official), carried out within its competence and causing certain consequences of a legal nature or having a certain legal significance. The implementation of the executive power is possible only in the administrative-legal form. As part of the administrative proceedings, this form is procedural in nature, which makes it possible to distinguish the administrative procedural form as a special form of administrative-legal form. However, the concept, composition, other aspects of the procedural form regulation in relation to the proceedings on administrative offenses as an integral part of the administrative process have not been elaborated in detail (in contrast to the procedural form of other types of legal process). At the same time, the notion of procedural form is a fundamental category that characterizes the patterns of the structure of all types of legal practice; its purpose is to serve as a scientific and methodological tool for understanding the content of the legal process. The procedural form is an attribute of legal responsibility, without which its offensive simply can not take place. The legal procedural form as such is a specific scientific construction in the conceptual apparatus of the legal process that characterizes the model of the internal structure of legal forms of activity and reflects the organizational patterns of activity of the participants in the legal process fixed in the procedural legislation expressed by the definitions of the procedural regime, procedural production and procedural stage. In other words, the procedural form is a legal construction that fixes the expedient ways of exercising power, the resolution of legal matters.

In the case of proceedings on administrative offenses, the main elements of the procedural form are the groups of norms that govern: goals, objectives and principles of production, the range of its participants, their rights and obligations; system of actions, their sequence, stages of production, the timing of the actions, the types and conditions for the use of evidence, the jurisdiction of cases, power actions; the content and procedure for processing procedural documents; types, sizes and order of application of measures of procedural coercion; procedure for using procedural expenses; production costs.

Thus, it is generally advisable to describe the general characteristics of the procedural form of proceedings in cases of administrative violations in terms of structural elements that make up its content (Figure 2.1).

The procedural form of proceedings for administrative offenses

Fig. 2.1. The procedural form of proceedings for administrative offenses

For more convenient memorization of the presented system of elements that make up the procedural form of proceedings for administrative offenses, students should use the keyword, by means of which it is possible to use letters as symbols for each of the elements of the specified production. This word can very well be production & quot ;, then the following conventions are obtained:

P - subordination (jurisdiction of cases, power actions);

P - expenses (procedure for using procedural expenses);

About - registration (content and procedure for processing procedural documents);

And - costs (production costs);

3 - tasks (tasks, goals and principles of production);

B - types of participants (participants in the production of their rights and responsibilities);

About - security (types, sizes and procedures for applying coercive procedural provisions);

D - evidence (types and conditions for the use of evidence);

C - the time (the date of committing the procedural actions);

T - tactics (tactical methods of carrying out procedural actions within the framework of production);

B - types of actions (types of procedural actions and the order of their implementation);

О - segments (production stages).

thematic pictures

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