Types, tasks and principles of production in cases of administrative...

Types, Tasks and Principles of Proceedings in Administrative Offenses

Depending on the scope and complexity of the proceedings, the proceedings for administrative offenses in accordance with the US Code of Administrative Offenses can be divided into the following types:

1) Simplified , under which the decision to impose an administrative penalty is issued without drawing up a protocol on administrative violation (Article 28.6);

2) ordinary , which includes in its entirety the main mandatory stages of the proceedings: the initiation (Chapter 28), the examination (Chapter 29), and the execution of the decision to impose punishment (Section V );

3) a special case with optional faculties in the case: administrative investigation (Article 28.7), appeal or protest against the decision and decision in the case (Chapter 30), or arising in connection with the prosecution of the case (Article 28.4), or the initiation of a case against special subjects (Part 2 of Article 1.4, Articles 2.5, 2.10, etc.).

The tasks of the proceedings for administrative offenses are defined in art. 24.1 of the US Code of Administrative Offenses. These 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 administrative violations.

It is easy to see that in the proceedings for administrative offenses, two related common tasks are actually being resolved: jurisdictional (fair resolution of cases) and preventive (prevention of new offenses).

The main principles arising from the tasks of jurisdictional activity and on which the proceedings on administrative offenses are based, according to the Administrative Code of the United States, are as follows:

1. The principle of legality is to strictly enforce the requirements of the law by all participants in administrative and procedural activities. The person brought to administrative responsibility can not be subjected to administrative punishment and measures to ensure the proceedings in the case of an administrative offense other than on the grounds and in the manner established by law (Part 1 of Article 1.6).

2. The principle of objectivity means a comprehensive and full investigation of all the circumstances of the case of an administrative offense. This principle obliges the judge, body, official in the production of which the case is located, to exclude a one-sided, biased approach to the choice of decision (Article 24.1, 26.11).

3. The principle of equality is the administrative and procedural status of the subjects. In accordance with this principle, everyone is equal to the law, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and other circumstances. Legal entities are subject to administrative responsibility regardless of location, organizational and legal forms, subordination, and other circumstances (Part 1 of Article 1.4).

4. The principle of publicity is fixed in Art. 24.3, according to which cases on administrative offenses are subject to open consideration, with the exception of cases provided for by Part 3 of Art. 28.6, or, if it may lead to the disclosure of state, military, commercial or other secrets protected by law, as well as in cases when security interests of persons participating in administrative proceedings, members of their families, their relatives, as well as to protect the honor and dignity of these individuals (Part 1, Article 24.3). Persons participating in the proceedings in the case of an administrative offense and citizens present at the open examination of the case of an administrative offense have the right in writing, and also using the audio recording means to record the course of the investigation of an administrative violation case. Photographing, video recording, broadcasting of an open hearing of an administrative violation case by radio and television are allowed with the permission of a judge, body, official, who is considering an administrative offense case (Part 3, Article 24.3).

5. The principle of timely (prompt) clarification of the circumstances of each case means compliance with the procedural deadlines established by administrative law, which must ensure the inevitability of punishment of guilty persons, prevention of new offenses.

6. The principle of the presumption of innocence (the legal version of the presumption of honesty) is that the person against whom proceedings are being conducted in the case of an administrative offense is presumed innocent until proven guilty according to the prescribed procedure and established by an effective decision of a judge, body, official, who reviewed the case (Part 2, Article 1.5). This principle also assumes that the burden of proof lies with the official conducting the proceedings. The person brought to administrative responsibility, is not obliged to prove his innocence (Part 3, Article 1.5), although he has the right to do so. From the principle of the presumption of innocence, this important position also follows: unavoidable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person (Part 4, Article 1.5).

It should be noted that the principle of presumption of innocence is guided by officials of customs authorities (as well as other bodies of administrative jurisdiction) leading the proceedings for administrative offenses, due to the noted norms of the US Code of Administrative Offenses, but this principle has lost its invincibility after coming into force the provisions of Federal Law No. 210-FZ of July 24, 2007 "On Amendments to the Code of Administrative Offenses of the United States". According to the note to art. 1.5 of the US Code of Administrative Offenses, the provisions of part 3 of this article do not apply to administrative offenses provided for in Ch. 12 of the United States Administrative Code "Administrative violations in the field of road traffic"; in the case of their fixing working in automatic mode with special technical means, which have the functions of photo and filming, video recording, or by means of photo and filming, video recording. It seems that the noted novel, as well as additions to certain provisions of the US Code of Administrative Offenses (Article 2.6.1, part 3 of Article 28.6), creating the regulation of overly simplified proceedings in cases of administrative violations (when combining the stages of initiation and consideration of the case, administrative penalty is imposed without the participation of a person brought to administrative responsibility, such elements of the administrative offense as a subject and subjective party are not established), in terms of legality and bespechenii rights of persons brought to administrative responsibility, is a negative example of proceedings on administrative offenses, which is not covered by the principle of presumption of innocence.

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