Sidorov E.T., Tarasov A.Y. —
Some Issues of the Legal Institution of Relief from Administrative Responsibility
// NB: Administrative Law and Administration Practice. – 2017. – ¹ 5.
– P. 11 - 21.
DOI: 10.7256/2306-9945.2017.5.25469
URL: https://en.e-notabene.ru/al/article_25469.html
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Abstract: The authors of this article examine problems that may arise in the process of relief from administrative responsibility. The subject of the research is the legal rules that regulate the order and procedure for relieving an entity from administrative responsibility as a result of an insignificance of an administrative offense. The object of the research is the legal relations arising between law-enforcement authorities and entities that are held liable for administrative offenses. The authors analyze Articles 2.9, 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses. The authors of the article emphasize the need to improve administrative laws in order to clarify grounds and rules for implementing the institution of relief from administrative responsibility. The authors also make suggestions regarding what should be changed in Articles 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses. The methodological basis of the research implies dialectical method, fundamental research concepts, and philosophy that provides a general method of studying the reality. In the course of their research the authors have also applied such methods as historical, legal law, sociological, statistical analysis methods. The main conclusions of the research are the following. Firstly, to observe the principles of legality and expediency when appealing to Article 2.9 of The Code of the Russian Federation on Administrative Offenses, the authors suggest to make significant changes to the aforesaid article in order to clarify definitions and criteria to qualify an administrative offense as insignificant. Secondly, the authors prove the need to change Articles 6.8 and 6.9 of The Code of the Russian Federation on Administrative Offenses.
Sidorov E.T., Tarasov A.Y. —
Analysis of the institution of administrative coercion on the base of the system-structural approach
// Police activity. – 2017. – ¹ 1.
– P. 47 - 60.
DOI: 10.7256/2454-0692.2017.1.22019
URL: https://en.e-notabene.ru/pdmag/article_22019.html
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Abstract: The research subject is Russian administrative legislation regulating the reasons and the procedure for particular measures of administrative coercion, the practice of their application and judicial practice and theoretical concepts in this sphere. The research object is the specific administrative-procedural relations, emerging in the process of application of measures of administrative coercion, including personal search, search of a person’s belongings, vehicle searching, breaking into a vehicle, carried out by the representatives of the officials of federal executive authorities. The research methodology is based on the dialectical method of cognition, the fundamental provisions of scientific worldview, and the system of philosophical knowledge as a general method of the reality cognition. The author applies the methods of historical, comparative-legal, sociological and statistical analysis. The scientific novelty consists in the application of the system approach to personal search, search of a person’s belongings, vehicle searching, breaking into a vehicle, allowing the author to study these measures of administrative coercion as a complex from the position of government coercion and administrative process on the base of the renewed legislation on administrative responsibility, which is still developing and needs to be corrected.