Principle of immediacy, Principle of equality of participants...

Principle of immediacy

This principle is that administrative disputes are considered by the bodies (officials) authorized to resolve them. This principle is also characterized by the fact that the proceedings are oral. This gives the participants in the administrative process the possibility of an immediate response during the course of the case, i.e. submit possible applications, make statements, etc. When considering administrative disputes, collegial bodies keep the minutes of the meeting (Article 29.8 of the Code of Administrative Offenses of the United States).

In the proceedings for administrative offenses, the principle of immediacy is realized by declaring a case to be considered, clarifying the rights and obligations to the participants in the proceedings, hearing their explanations (speeches), open research of evidence (Article 29.7 of the Code of Administrative Offenses), the immediate announcement of the ruling the termination of consideration of business (ч. 1 item 29.11 КоАП the United States).

The principle of equality of participants in the process

The essence of this principle is the consolidation of a certain administrative and procedural status, according to which every person and citizen regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, as well as other circumstances specified in Art. 1.4 of the US Code of Administrative Offenses, is equal before the law and the body that permits an administrative case. Moreover, this principle presupposes the need for appropriate legal assistance to the participant in the administrative process, if he needs it, and at the same time the duty of the body authorizing the case to ensure that the participants in the administrative process properly use the rights granted to them and the duties assigned to them .

Of particular importance. This principle is acquired in connection with the requirement of Art. 19 of the US Constitution, which more fully defines the equality of all before the law and the court and state guarantees for the equality of rights and freedoms regardless of race, nationality, language, social origin, property and official status, place of residence, attitude to religion, beliefs, membership of public associations, and also proclaimed the principle of responsibility for violation of the equality of citizens.

Publicity Principle

This principle is manifested in the fact that the use of administrative coercion in the field of administrative jurisdiction is carried out in the interests of the state by authorized bodies (officials). Measures of administrative responsibility for offenses are established by the legislative bodies of the state. The application of measures of administrative influence is carried out only by authorized bodies and officials within their competence and in strict accordance with the law. The list of bodies and officials entitled to consider cases on administrative disputes is established by law.

The principle of publicity is most vividly expressed in the fact that a case of an administrative offense can be initiated on the initiative of bodies having the relevant competence. All cases of such offenses are considered officially. The body (official) considering the case, by virtue of its state-official duties, must ensure its full, objective and comprehensive consideration. On his own initiative, he takes measures to collect evidence on the case, as well as measures to recover property damage caused by an administrative offense, other measures to protect the interests of the state and ensure the legal guarantees of the individual.

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